IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 20431 OF 2022
PETITIONER:
DR.SHABEER N.N
AGED 41 YEARS, NADAKALATHIL ALLIPARAMBIL HOUSE,
MATTARAKKAL P.O, PERINTHALMANNA, MALAPPURAM - 679 322
BY ADV T.G.RAJENDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, UP HILL, MALAPPURAM DISTRICT- 676505
2 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,
MALAPPURAM DISTRICT - 679 322
3 THE THAHASILDAR,
PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322
4 THE VILLAGE OFFICER, THAZHEKKOD VILLAGE OFFICE,
PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322
BY ADV:
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20431 OF 2022
2
JUDGMENT
Dated this the 23rd day of June, 2022 The petitioner, who is owner of 3.14 Ares of land in Thazhekkode Village of Perinthalmanna Taluk in Malappuram District, has filed this writ petition seeking to direct the 2 nd respondent to consider Ext.P2 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that he is the owner in possession of 3.14 Ares of land comprised in Survey Nos.198/1-35, 198/2-17, 199/1-10 and 199/1-8 of Thazhekkode Village of Perinthalmanna Taluk in Malappuram District. The land is garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is described as paddy land in Revenue records.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P2 application in Form-6 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy WP(C) NO. 20431 OF 2022 3 Land and Wetland Rules, 2008. The application was filed on 28.04.2022. The application has not been considered so far. Unless the application is considered expeditiously, the petitioner will be put to untold hardship and loss, contends the petitioner.
4. The Government Pleader representing the respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner, in the writ petition. The Government Pleader, however, submitted that since the petitioner has invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the application submitted by the petitioner can be considered by the competent authority in accordance with law, provided the application is received, is complete in all respects and is supported by all necessary documents.
5. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The property of the petitioner is said to be a dry land, but it has been described as paddy land in Revenue records. Rule 12(1) of the Kerala Conservation of Paddy Land and WP(C) NO. 20431 OF 2022 4 Wetland Rules, 2008 provides for making applications for changing the nature of land in Revenue records. The petitioner has invoked the provisions of Rule 12(1) of the Rules, 2008 by filing application in Form-6. It being a statutory application, the Competent Authority is bound to consider the application and pass orders thereon within a reasonable time.
The writ petition is therefore disposed of with a direction to the 2nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P2 Form-6 application, if the same is received supported by all requisite documents and paying prescribed fee, if any, and to pass orders thereon in accordance with law, within a period of three months.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 20431 OF 2022 5 APPENDIX OF WP(C) 20431/2022 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT DATED 10.03.2022 EXHIBIT-P2 TRUE COPY OF THE FORM 6 APPLICATION PREFERRED BY THE PETITIONER DATED 28.04.2022.
RESPONDENT'S/S EXHIBITS : NIL