IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 17471 OF 2022
PETITIONERS:
1 RAJEEV T.R
AGED 59 YEARS
THAMMANATH HOUSE, THEKKUMBHAGAM DESAM,
THEKKUMBHAGAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682301
2 JAYALAKSHMI K.M
AGED 50 YEARS, W/O. RAJEEV. T.R
THAMMANATH HOUSE, THEKKUMBHAGAM DESAM,
THEKKUMBHAGAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682301
BY ADVS.
M.G.SREEJITH
LUKE J CHIRAYIL
VIDYAJITH M.
DEJOHN P. ANTONY
RESPONDENTS
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE RDO, FIRST FLOOR, K.B.JACOB ROAD,
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
3 THE TAHSILDHAR
TALUK OFFICE, KANAYANNUR, NEAR SUBHASH PARK,
MARINE DRIVE, KOCHI, ERNAKULAM DISTRICT, PIN -
682011
4 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE, POONITHURA, ERNAKULAM
DISTRICT, KERALA, PIN - 682038
5 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, VYTTILA , ERNAKULAM DISTRICT,
PIN - 682019
SMT. SURYA BINOY B.(SR. GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17471 of 2022 :2:
JUDGMENT
Dated this the 28th day of June, 2022 The petitioners, who are husband and wife and are owners of 2.84 Ares of property in Poonithura Village of Kanayannur Taluk in Ernakulam District, have filed this writ petition seeking to direct the 2 nd respondent to consider Ext.P3 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 2.84 Ares of land comprised in Survey No.1334/2-9 of Poonithura Village of Kanayannur Taluk in Ernakulam 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.P3 application in W.P.(C) No.17471 of 2022 :3: Form-9 before the Revenue Divisional Officer, invoking the provisions of Rule 12(13) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 20.12.2021. The application has not been considered so far. Unless the application is considered expeditiously, the petitioners 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, pointed out that it is not clear whether the land is included in the Land Data Bank and if it is included, whether the petitioners have submitted application under Form-5 for removing the land from the Data Bank. This Court is of the view that this is a matter to be considered by the 2 nd respondent at the time of disposal of Form 9 application. The Government Pleader, however, submitted that since the W.P.(C) No.17471 of 2022 :4: 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 records. Rule 12(13) 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 Rule 12(13) of the Rules, 2008 by filing application in Form-9. It being a statutory application, the Competent Authority is bound to W.P.(C) No.17471 of 2022 :5: 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-9 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 four months.
Sd/-
N. NAGARESH, JUDGE smm/30.06.2022 W.P.(C) No.17471 of 2022 :6: APPENDIX OF WP(C) 17471/2022 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF POSSESSION CERTIFICATE DATED 11-11-2021 ISSUED BY THE 4TH RESPONDENT Exhibit-P2 TRUE COPY OF TAX RECEIPT DATED 01-11-
2021 ISSUED BY THE 4TH RESPONDENT Exhibit-P3 TRUE COPY OF APPLICATION IN FORM NO.9 DATED 20-12-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit4 TRUE COPY OF POSTAL RECEIPT DATED 21-
01-2022