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. 20654 OF 2022
PETITIONERS:
1 SATHEEDEVI
AGED 63 YEARS
W/O. MURALEEDHARAN, AMMUKUTTY NIVAS 19/580 C,
THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
KOZHIKODE - 673002.
2 MURALEEDHARAN,
AGED 71 YEARS
S/O. BHASKARA MENON, AMMUKUTTY NIVAS 19/580 C,
THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
KOZHIKODE - 673002.
3 NISHANTH.A.M,
AGED 37 YEARS
S/O. MURALEEDHARAN, AMMUKUTTY NIVAS 19/580 C,
THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
KOZHIKODE - 673002.
4 NIKHIL .A. M,
AGED 34 YEARS
S/O. MURALEEDHARAN, AMMUKUTTY NIVAS 19/580 C,
THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
KOZHIKODE - 673002.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS
1 THE DISTRICT COLLECTOR
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE - 673020.
2 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE - 673020.
3 THE TAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE - 673020.
WP(C) NO. 20654 OF 2022
2
4 THE VILLAGE OFFICER,
PANTHEERANKAVU VILLAGE OFFICE,
PANTHEERANKAVU P.O., KOZHIKODE - 673019.
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. 20654 OF 2022
3
JUDGMENT
Dated this the 24th day of June, 2022 The petitioners, who are owners of 10 Ares and 93.12 Square Metres of property in Pantheerankavu Village of Kozhikode Taluk in Kozhikode District, have filed this writ petition seeking to direct the 2nd respondent to consider Ext.P3 Form-6 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 10 Ares and 93.12 Square Metres of land comprised in Survey No.10/31 of Panthreerankavu Village of Kozhikode Taluk in Kozhikode 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.
WP(C) NO. 20654 OF 2022 4
3. The petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P3 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 22.04.2022. 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 WP(C) NO. 20654 OF 2022 5 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 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.P3 Form-6 application, if the same is WP(C) NO. 20654 OF 2022 6 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 hmh WP(C) NO. 20654 OF 2022 7 APPENDIX OF WP(C) 20654/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.09.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE EXTRA ORDINARY GAZETTE PUBLISHED BY OLAVANNA GRAMA PANCHAYATH DATED 06.02.2021.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 22.04.2022.
Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 27.04.2022.