Kerala High Court
Jospeh P.M vs The Revenue Divisional Officer 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. 16237 OF 2024
PETITIONER
JOSPEH P.M.
AGED 72 YEARS
S/O. MICHEL MATTOM, SEA DALE,
KOMMERI POST, KOZHIKODE, PIN - 673007
BY ADV K.M.FIROZ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE, CIVIL STATION,
KOZHIKODE -, PIN - 673020
2 THE AGRICULTURAL OFFICER
VALAYANAD, KRISHI BHAVAN,
VALAYANAD POST, KOZHIKODE, PIN - 673007
3 THE VILLAGE OFFICER,
VALAYANAD, VILLAGE OFFICE,
VALAYANAD POST, KOZHIKODE -,
PIN - 673007
SRI AJITH VISWANATHAN -GOVERNMENT PLEADER
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.16237 Of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner, who is owner of 6 Ares of property in Block No.1 of Valayanad Village of Kozhikode Taluk in Kozhikode District, has filed the writ petition seeking to direct the 1st respondent-Revenue Divisional Officer to consider Ext.P2 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that he is owner in possession of 6 Ares of land comprised in Survey No.89/51 of Valayanad 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.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P2 application in Form-6 before the Revenue Divisional Officer, invoking the WP(C) No.16237 Of 2024 3 provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 08.11.2023. The application has not been considered so far. Unless the application is considered expeditiously, the petitioner 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, submitted that since the petitioner has invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the application submitted by the petitioner 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 petitioner and the learned Government Pleader representing the respondents. WP(C) No.16237 Of 2024 4
6. The property of the petitioner 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 petitioner has 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 1st respondent-Revenue Divisional Officer to consider and pass orders on Ext.P2 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 hmh WP(C) No.16237 Of 2024 5 APPENDIX OF WP(C) 16237/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC LAND TAX RECEIPT DATED 26.05.2023 ISSUED BY VILLAGE OFFICER, VALAYANAD TO PETITIONER Exhibit P2 TRUE COPY OF THE APPLICATION DATED 08.11.2023 HAVING APPLICATION NO.
1/2023/1814038 SUBMITTED BY PETITIONER