Kerala High Court
Meena Rani S vs State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 12TH DAY OF AUGUST 2021/21ST SRAVANA, 1943
WP(C) NO. 16425 OF 2021
PETITIONER:
MEENA RANI S., AGED 54 YEARS,
W/O. PUSPHANGATHAN M.N., "MEENARAM",
VENPALAVATTOM, ANAYARA P.O.,
THIRUVANANTHAPURAM -695 029.
BY ADVS.
ARUN CHAND
VINAYAK G MENON
THAREEQ ANVER K.
K.SALMA JENNATH
BHARAT VIJAY P.
MAJID MUHAMMED K.
ANANDU R.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION BUILDING, KUDAPANAKUNNU,
THIRUVANANTHAPURAM - 695 043.
3 THE VILLAGE OFFICER,
KADAKAMPALLY VILLAGE OFFICE,
ANAYARA P.O., THIRUVANANTHAPURAM - 695 029.
4 THE AGRICULTURAL OFFICER,
KADAKAMPALLY KRISHI BHAVAN,
ANAYARA P.O., THIRUVANANTHAPURAM - 695 029.
BY GOVERNMENT PLEADER SRI.APPU P.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16425/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 12th day of August, 2021
The petitioner has filed this writ petition seeking to
command the 2nd respondent to dispose of Ext.P7 application
within a time frame.
2. The petitioner states that she is the owner in
possession of 8.09 Ares of land comprised in Survey
No.1440/1-4-1 of Kadakampally Village in
Thiruvananthapuram 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.P7 application in
Form-6 before the 2nd respondent-Revenue Divisional Officer,
invoking Rule 12(1) of the Kerala Conservation of Paddy Land
and Wetland Rules, 2008. The 2nd respondent-RDO has not
WP(C) No.16425/2021
passed any orders on Ext.P7 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.P7
application in Form-6. Ext.P7 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 2nd respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P7 application in accordance
with law, within a period of four months.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2021
WP(C) No.16425/2021
APPENDIX OF WP(C) 16425/2021
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PARTITION DEED VIDE
NO. 4354/1999 DATED 16.12.1999 OF THE SUB
REGISTRAR OFFICE THIRUVANANTHAPURAM.
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED
17.06.2020 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
Exhibit P3 THE TRUE COPY OF THE LETTER DATED
04.11.2020 VIDE NUMBER K.D.P.Y 10/2020-21
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
Exhibit P4 THE TRUE COPY OF THE SKETCH DATED
03.09.2020 BEARING FILE NO. B11-6880/2020
ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL
SURVEY OFFICE, THIRUVANANTHAPURAM TO THE
PETITIONER.
Exhibit P5 THE TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 25.02.2021 VIDE G.O(RT)
NO.1166/2021/REV PUBLISHED FROM THE OFFICE
OF THE 1ST RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE PAYMENT RECEIPT DATED
03.06.2021 REMITTED BY THE PETITIONER
BEFORE THE SUB TREASURY, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM.
Exhibit P7 THE TRUE COPY OF THE FORM NO.6 APPLICATION
UNDER THE KERALA CONSERVATION OF PADDY AND
WET LAND ACT, 2008, DATED 03.06.2021
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE CIRCULAR DATED
23.07.2021 ISSUED BY THE FIRST RESPONDENT
FOR CLARIFYING THE EXHIBIT P6 NOTIFICATION.
ncd
