Kerala High Court
George Joseph vs State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16355 OF 2024
PETITIONERS:
1 GEORGE JOSEPH, AGED 70 YEARS
S/O. JOSEPH, KOTTAKKAL HOUSE, MATTOOR,
PIRAROOR P O, ANGAMALY,
ERNAKULAM DIST, PIN - 683574
2 PETER, AGED 62 YEARS
SON OF PAILY, THETTAYIL HOUSE,
ANGAMALY P O., ERNAKULAM DIST - 683 572.
3 JOSE, AGED 60 YEARS
SON OF POULO, VATTAPPARAMBAN HOUSE,
NAYATHODU P O. ANGAMALY,
ERNAKULAM DIST., PIN - 683 572.
4 KUNJAVARA, AGED 74 YEARS
SON OF POULO, VATTAPPARAMBAN HOUSE, NAYATHODU P O.
ANGAMALY, ERNAKULAM DIST., PIN - 683 572.
BY ADV MEREENA.J.JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001.
2 THE LAND REVENUE COMMISSIONER
COMMISSIONERATE OF LAND REVENUE,
PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
THIRUVANANTHAPURAM., PIN - 695 001.
3 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
4 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI., PIN - 682 001.
5 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE OFFICE,
ANGAMALY., PIN - 683 572.
SMT.DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16355 OF 2024
2
N. NAGARESH, J
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W.P.(C).No.16355 of 2024
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Dated this the 23rd day of April, 2024
JUDGMENT
Petitioners, who are the owners of various extent of properties in Angamaly Village, in Ernakulam District, have filed this writ petition seeking to direct the 4th respondent to consider Ext.P5, Ext.P5(a), Ext.P6, Ext.P7 and Ext.P8 Form-6 applications and to pass orders thereon, within a time frame to be fixed by this Court.
2. The 1st petitioner is the owner in possession of 14.30 Ares of land comprised in Survey Nos.153/23 and 153/9 and 5 Ares of land comprised in Survey No.153/10-2, the 2 nd petitioner is the owner in possession of 3.64 Ares of land comprised in Survey Nos.332/5-3 and 332/5-4, the 3rd petitioner is the owner in possession of 1.34 Ares land comprised in Survey No.352/17-7 and the 4th petitioner is the owner in possession of 3.21 Ares of land comprised in Survey No.352/17-8 of Angamaly Village in WP(C) NO. 16355 OF 2024 3 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, they filed Ext.P5, Ext.P5(a), Ext.P6, Ext.P7 and Ext.P8, applications 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 applications were filed on 28.12.2023, 17.11.2023 and 18.11.2023 respectively. The applications have not been considered so far. Unless the applications are considered expeditiously, the petitioners will be put to untold hardship and loss, contends 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 WP(C) NO. 16355 OF 2024 4 and Wetland Rules, 2008, the applications submitted by the petitioners can be considered by the competent authority in accordance with law, provided the applications are received, are complete in all respects and are 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 applications in Form-6. It being statutory applications, the Competent Authority is bound to consider the applications and pass orders thereon within a reasonable time.
7. The writ petition is therefore disposed of with a direction to the 4th respondent-Revenue Divisional Officer to consider Ext.P5, Ext.P5(a), Ext.P6, Ext.P7 and Ext.P8 Form-6 applications WP(C) NO. 16355 OF 2024 5 submitted by the petitioners, if the same are 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 AMV/23/04/2024 WP(C) NO. 16355 OF 2024 6 APPENDIX OF WP(C) 16355/2024 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE 1ST PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY. NO.153/23, 153/9 OF ANGAMALY VILLAGE DATED 7/11/2023.
EXHIBIT-P1(A) A TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE 1ST PETITIONER IN RESPECT OF THE PROPERTY COVERED IN SURVEY NO.153/10OF ANGAMALY VILLAGE DATED 2/11/2023.
EXHIBIT-P2 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY. NO.332/5-3, 332/5-4. OF ANGAMALY VILLAGE DATED 9/11/2023.
EXHIBIT-P3 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY. NO.352/17-7 OF ANGAMALY VILLAGE DATED 7/11/2023.
EXHIBIT-P4 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY. NO.352/17-8 OF ANGAMALY VILLAGE DATED 8/11/2023.
EXHIBIT-P5 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE 1ST PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY.NO.153/23, 153/9 OF ANGAMALY VILLAGE DATED 28/12/2023.
EXHIBIT-P5(A) A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE 1ST PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SURVEY NO.153/10-2 OF ANGAMALY VILLAGE DATED 28/12/2023. EXHIBIT-P6 A TRUE COPY OF THE FORM 6 APPLICATION WP(C) NO. 16355 OF 2024 7 FILED BY THE 2ND PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY.NO.332/5-3, 332/5-4 OF ANGAMALY VILLAGE DATED 17/11/2023.
EXHIBIT-P7 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE 3RD PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY.NO.352/17-7 OF ANGAMALY VILLAGE DATED 18/11/2023. EXHIBIT-P8 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE 4TH PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY.NO.352/17-8 OF ANGAMALY VILLAGEDATED 18/11/2023.
TRUE COPY