Kerala High Court
Rajesh 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. 13509 OF 2024
PETITIONER/S:
RAJESH,
AGED 50 YEARS, S/O.VASU, EEUMAKKATTUKUDY HOUSE,
MATTOOR P.O- KALADY, ERNAKULAM, PIN - 683574
BY ADV MEREENA.J.JOSEPH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JUNCTION,THIRUVANANTHAPURAM, PIN -
695001
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
4 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI,
PIN - 682001
5 THE VILLAGE OFFICER,
MOOKKANNOOR VILLAGE OFFICE, MOOKKANNOOR, PIN - 683577
OTHER PRESENT:
SRI. AJITH VISWANATHAN- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 13509/2024
-2-
JUDGMENT
(Dated this the 23rd day of April 2024) The petitioner, who is the owner of 14 Ares 8 Square Metres of property in Mookkanoor Village of Aluva Taluk in Ernakulam District, has filed the writ petition seeking to direct the 4th 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 the owner in possession of 14 Ares 8 Square Metres of land comprised in Survey Nos.83/11-2 and 83/3-2 of Mookkanoor Village of Aluva 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 nilam 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 provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, WPC 13509/2024 -3- 2008. The application was filed on 17.11.2023. 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.
6. The property of the petitioner is said to be a dry land, but it has been described as nilam in Revenue records. Rule WPC 13509/2024 -4- 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 4th 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 JS WPC 13509/2024 -5- APPENDIX OF WP(C) 13509/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY.NO83/11-2 AND SURVEY NO.83/3-2 OF MOOKKOONNAR VILLAGEDATED 9/11/2023 Exhibit-P2 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED BY SY.NO83/11-2 AND SURVEY NO.83/3-2 OF MOOKKOONNARDATED 17/11/2023