IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20550 OF 2022
PETITIONERS:
1 CICILY K.J
AGED 61 YEARS
W/O.VARGHESE, POONATH HOUSE,
SOUTH THORAVU, PUTHUKKAD P.O., THRISSUR-680301.
2 P.O.JOY,
AGED 59 YEARS
S/O.OUSEPH, POONATH HOUSE, CHENGALLUR,
CHENGALLUR P.O., THRISSUR-680312.
BY ADVS.
M.SREEKUMAR
S.S.SAILAKSHMI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
IRINJALAKKUDA NORTH P.O., IRINJALAKKUDA-680125.
SR.GP. : SYAMANTHAK B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20550 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022 The petitioners, who are owners of 4.45 Ares of land in Thoravu Village of Mukundapuram Taluk in Thrissur District, have filed the writ petition seeking to direct the 2 nd respondent to consider Ext.P4 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioners state that they are owners in possession of 4.45 Ares of land comprised in Survey No.326/2-6 of Thoravu Village of Mukundapuram Taluk in Thrissur 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 petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P4 application in Form-6 before the Revenue Divisional Officer, invoking the provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on WP(C) NO. 20550 OF 2022 3 04.06.2022. The application has not been considered so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.
4. The Government Pleader representing the respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioners, in the writ petition. The Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the application submitted by the petitioners 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 petitioners and the learned Government Pleader representing the respondents.
6. The property of the petitioners is said to be a dry land, but it has been described as paddy land in Revenue WP(C) NO. 20550 OF 2022 4 records. Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 provides for making applications for changing the nature of land in Revenue records. The petitioners have 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.P4 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. 20550 OF 2022 5 APPENDIX OF WP(C) 20550/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO.81/1/2019 OF SUB REGISTRY OFFICE, NELLAYI DATED 17.1.2019.
Exhibit P2 TRUE COPY OF TAX RECEIPT NO.KL08032701201/2022 DATED 27.4.2022 ISSUED TO THE PETITIONERS.
Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF DATA BANK OF PUTHUKKAD GRAMA PANCHAYAT PUBLISHED ON 17.12.2020 Exhibit P4 TRUE COPY OF APPLICATION DATED 4.6.2022 FILED BY PETITIONERS BEFORE THE 2ND RESPONDENT.
Exhibit P4 A TRUE COPY OF RECEIPT DATED 7.6.2022 ISSUED FROM LAND REVENUE DEPARTMENT TOWARDS FILING OF EXT.P4.
RESPONDENT'S/S EXHIBITS : NIL