Aleena Kiran vs State Of Kerala
2021 Latest Caselaw 16724 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021/20TH SRAVANA, 1943
                    WP(C) NO. 16302 OF 2021
PETITIONER:

         ALEENA KIRAN, AGED 33 YEARS, D/O T.R.JOHNY,
         THALIYATH HOUSE, CROSS BAZAR ROAD,
         IRINJALAKUDA, THRISSUR DISTRICT-680121.
         BY ADV AVANEESH KOYIKKARA
RESPONDENTS:

    1    STATE OF KERALA REPRESENTED BY
         ITS SECRETARY, REVENUE DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.
    2    THE LAND REVENUE COMMISSIONER
         COMMISSIONERATE OF LAND REVENUE,
         PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
         THIRUVANANTHAPURAM-695033.
    3    DISTRICT COLLECTOR, THRISSUR, COLLECTORATE,
         CIVIL STATION, AYYANTHOLE POST,
         THRISSUR DISTRICT, PIN-680 003.
    4    REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE,
         IRINJALAKUDA, IRINJALAKUDA P.O,
         THRISSUR DISTRICT-680 125.
    5    LOCAL LEVEL MONITORING COMMITTEE
         (REPRESENTED BY ITS CONVENER
         AGRICULTURAL OFFICER), KRISHI BHAVAN,
         MURIYAD, THRISSUR DISTRICT, PIN-680683.
    6    AGRICULTURAL OFFICER, KRISHI BHAVAN,
         MURIYAD, THRISSUR DISTRICT, PIN-680683.

         BY GOVT.PLEADER SRI HANIL KUMAR HARSHAN

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 11.08.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16302/2021
                                 :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 11th day of August, 2021

The petitioner has filed this writ petition seeking to

command the 4th respondent to dispose of Ext.P2 application

within a time frame.

2. The petitioner states that she is the owner in

possession of 12.14 Ares of land comprised in Survey

No.640/1 of Muriyad Village in Thrissur District. The said land

is recorded as 'Nilam' in the Basic Tax Register. The land is

included in the Land Data Bank as 'Nilam', but it is specifically

noted that the land is to be excluded from the Data Bank. The

land, in fact, is 'purayidam'.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P2 application in

Form-6 before the 4th respondent-Revenue Divisional Officer,

invoking Rule 12(1) of the Kerala Conservation of Paddy Land WP(C) No.16302/2021

and Wetland Rules, 2008. The 4 th respondent-RDO has not

passed any orders on Ext.P2 application so far. The petitioner

is aggrieved by the delay in considering and passing orders

on the application.

4. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

5. Rule 12(1) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008 provides for making

applications to change the nature of land in Revenue records.

The petitioner has invoked Rule 12(1) in filing Ext.P2

application in Form-6. Ext.P2 being a statutory application,

the Revenue Divisional Officer 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 application in accordance

with law, within a period of three months.

Sd/-

N. NAGARESH, JUDGE

aks/14.08.2021 WP(C) No.16302/2021

APPENDIX OF WP(C) 16302/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.B2-

10572/2020/L.DIS DATED 16.11.2020 BY THE 4TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF FORM .6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 14.07.2021 ALONG WITH ITS FEE PAYMENT CHALLAN DATED 12.07.2021 AND POSTAL ACKNOWLEDGMENT CARD.

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