Kerala High Court
Elizebath Mathew vs The District Collector 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. 12894 OF 2024
PETITIONER:
ELIZEBATH MATHEW,
AGED 74 YEARS
W/O LATE DR. K.N MATHEW, KADUPARAMBIL HOUSE,
CHEMBUKADAVU, EDAPALLY, PIN - 682024
BY ADVS.
RENI JAMES
T.A.MARY RINJU
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, K.B JACOB ROAD FORT
KOCHI, PIN - 682001
3 THE TAHSILDAR,
KANAYANNUR TALUK OFFICE PARK AVENUE, KOCHI, PIN -
682011
4 THE VILLAGE OFFICER,
THRIKKAKARA NORTH VILLAGE OFFICE KOONATHAI
PADIVATTOM , KOCHI, PIN - 682024
OTHER PRESENT:
GP- SMT. DEEPA V
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.12894 of 2024
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 23rd day of April, 2024 The petitioner, who is owner of 1.92 Ares of property in Thrikkakara North Village of Kanayannur Taluk in Ernakulam District, has 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 petitioner states that he is owner in possession of 1.92 Ares of land comprised in Survey No.154/4-18 of Thrikkakara North 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 petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P3 application in Form-6 before the Revenue Divisional Officer, invoking the WP(C) No.12894 of 2024 :3 : provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 6/3/2024. 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.12894 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 2nd respondent-Revenue Divisional Officer to consider Ext.P3 Form-6 application submitted by the petitioner 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 ska WP(C) No.12894 of 2024 :5 : APPENDIX OF WP(C) 12894/2024 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE LAND TAX RECEIPT DATED 14/6/2023 ExhibitP 2 TRUE COPY OF THE DATA BANK ISSUED BY THE KALAMASSERY MUNCIPALITY DATED 5/2/2021 Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 6/3/2024 Exhibit P4 THE RECEIPT EVIDENCING THE PAYMENT OF LESS FOR FORM 6 APPLICATION DATED 6/3/2024