IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17520 OF 2022
PETITIONERS
1 YOUSAF
AGED 62 YEARS
S/O.KUNJUMUHAMMED, PUTHIYAVEETTIL HOUSE,
KUTTAMANGALAM P.O., KODUNGALLUR, THRISSUR - 680 702.
2 USMAN
AGED 60 YEARS
S/O.KUNJUMUHAMMED, PUTHIYAVEETTIL HOUSE,
KUTTAMANGALAM P.O., KODUNGALLUR, THRISSUR - 680 702.
BY ADVS.
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION, KAKKANAD,
ERNAKULAM - 682 030.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
FORT KOCHI, KOCHI - 682 001.
3 THE TAHSILDAR
ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION,
CIVIL STATION ROAD, PERIYAR NAGAR, ALUVA,
ERNAKULAM - 683 101.
4 THE VILLAGE OFFICER
NEDUMBASSERY VILLAGE OFFICE, KARIYAD, MEKKAD,
ERNAKULAM - 683 589.
5 THE AGRICULTURAL OFFICER
NEDUMBASSERY KRISHI BHAVAN, KARIYAD, MEKKAD,
ERNAKULAM 683 589.
SR.SYAMANTHAK B S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.17520 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioners state that they are owners of 17.50 Ares of land in Nedumbassery Village in Aluva Taluk in Ernakulam District, out of which the property of 0.33 Ares of land comprised in Survey No. 376/21-2 is mentioned as 'Purayidom' and 17.17 Ares of land comprised in Survey No.376/18 is mentioned as 'Nilam' in Revenue records. The petitioners state that the property in fact is a garden land and is not suitable for paddy cultivation. The petitioners therefore submitted Ext.P3 application in Form 6 invoking Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (hereinafter referred to as 'the Rules, 2008') before the 2nd respondent-Revenue Divisional Officer. The 2nd respondent has not considered the application so far.
WP(C) NO.17520 OF 2022 3
2. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
3. The petitioners have preferred Ext.P3 application invoking Rule 12(1) of the Rules, 2008. Ext.P3 is a statutory application. Therefore, the competent authority is bound to consider the same, in accordance with law and pass orders thereon, within a reasonable time.
In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 application submitted by the petitioner, within a period of four months, if the 2nd respondent has received Ext.P3 application supported by all relevant documents and accompanied by payment of prescribed fee, if any.
sd/-
N.NAGARESH JUDGE hmh WP(C) NO.17520 OF 2022 4 APPENDIX OF WP(C) 17520/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01/03/2019.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 07/04/2022 ALONG WITH SURVEY SKETCH. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 21/01/2022.