Kerala High Court
Shine Varghese vs The Revenue Divisional Officer on 11 August, 2021
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. 16390 OF 2021
PETITIONER:
SHINE VARGHESE, ADVOCATE, S/O.P.T.VARGHESE,
PULICKAKUNNEL HOUSE, KUMILY VILLAGE,
PEERMADE TALUK, IDUKKI DISTRICT - 685 509.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
IDUKKI, PAINAVU P.O.,
IDUKKI DISTRICT - 685 603.
2 THE DISTRICT COLLECTOR, IDUKKI,
PAINAVU P.O., IDUKKI DISTRICT - 685 603.
3 STATE OF KERALA REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM - 695 001.
4 THE TAHSILDAR, TALUK OFFICE,
PEERMADE IDUKKI DISTRICT - 685 531.
5 THE VILLAGE OFFICER,
KUMILY VILLAGE, KUMILY - 685 509.
6 THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
KUMILY P.O., IDUKKI DISTRICT - 685 509.
7 THE LOCAL LEVEL MONITORING COMMITTEE
(CONSTITUTED UNDER THE KERALA CONSERVATION OF
PADDY LAND AND WET LAND ACT, 2008)
REPRESENTED BY ITS CONVENOR
(THE AGRICULTURAL OFFICER, KRISHI BHAVAN,
KUMILY P.O., IDUKKI DISTRICT - 685 509.
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.16390/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 11th day of August, 2021
The petitioner has filed this writ petition seeking to
command the 1st respondent to dispose of Ext.P3 application
within a time frame.
2. The petitioner states that he is the owner in
possession of 10 cents of land comprised in Survey No.11/1 of
in Kumily Village, Idukki District. The said land is recorded as
'Nilam' in the Basic Tax Register. The land is not included in
the Land Data Bank. The land, in fact, is 'purayidam'.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P3 application in
Form-6 before the 1st respondent-Revenue Divisional Officer,
invoking Rule 12(1) of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The 1 st respondent-RDO has not
passed any orders on Ext.P3 application so far. The petitioner
WP(C) No.16390/2021
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.P3
application in Form-6. Ext.P3 being 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 1st respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P3 application in accordance
with law, within a period of three months.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2021
WP(C) No.16390/2021
APPENDIX OF WP(C) 16390/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 02/09/2019 ISSUED BY THE 5TH
RESPONDENT IN THE NAME OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE NOTIFICATION
NO.A2/2045/2012 DATED 18/06/2012 ISSUED
BY THE KUMILY GRAMA PANCHAYAT.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
03/09/2019 SUBMITTED BY THE PETITIONER
UNDER RULE 12(1) BEFORE THE 1ST
RESPONDENT FOR RECLASSIFICATION LAND
MENTIONED IN EXHIBIT P1.
Exhibit P4 TRUE COPY OF THE REPORT DATED
15/11/2019 SUBMITTED BY THE 5TH
RESPONDENT REPORT TO THE 4TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPORT DATED
18/01/2020 SUBMITTED BY THE 4TH
RESPONDENT ADDRESSED TO THE 1ST
RESPONDENT.
Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF
NOTIFICATION DATED 25/02/2021 VIDE
G.O.NO.1166/2021/REV. ISSUED BY THE 3RD
RESPONDENT.
Exhibit P7 TRUE COPY OF THE CIRCULAR DATED
23/07/2021 ISSUED BY THE GOVERNMENT OF
KERALA.
ncd
