Kerala High Court
Kc George vs Revenue Divisional Officer/Sub ... on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 13290 OF 2021
PETITIONERS:
1 K.C. GEORGE,
AGED 71 YEARS,
S/O LATE K.M. CHERIAN, KONGALATH, 34/2233 C 1,
SILVER LANE, POTTAKUZHI ROAD,
MAMANGALAM, ERNAKULAM PIN-682025
2 SANTHAMMA GEORGE,
AGED 68 YEARS,
W/O K.C. GEORGE, KONGALATH, 34/2233 C 1,
SILVER LANE POTTAKUZHI ROAD, MAMANGALAM,
ERNAKULAM, PIN-682025.
3 K.C. MATHEW,
AGED 82 YEARS,
S/O LATE K.M. CHERIAN, 35/287,
CHURCH AREA, MAMANGALAM,
ERNAKULAM, PIN-682025
4 ELSY MATHEW,
AGED 71 YEARS,
W/O K.C. MATHEW, 35/287,
CHURCH AREA, MAMANGALAM,
ERNAKULAM, PIN-682025
BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINODKUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
MOHAMED HISHAM P
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
REVENUE DIVISIONAL OFFICE, FIRST FLOOR,
KB JACOB RD, FORT KOCHI, KOCHI, KERALA - 682001
WP(C) No.13290/2021
:2 :
2 THE VILLAGE OFFICER,
MARADU VILLAGE OFFICE,
NETTOOR P.O.,
ERNAKULAM DISTRICT, PIN-682 040
3 THE TAHSILDAR,
KANAYANNUR TALUK, PARK AVENUE,
NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, KERALA 682011
4 MARADU MUNICIPALITY,
KRL ROAD, NEAR KUNDANNOOR JUNCTION,
MARADU, PIN-682 304,
REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY,
MARADU MUNICIPALITY, KRL ROAD,
NEAR KUNDANNOOR JUNCTION,
MARADU, PIN-682 304
BY ADV. GOVERNMENT PLEADER SMT. G.RANJITA,
SRI. T.R.RAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.13290/2021
:3 :
JUDGMENT
Dated this the 06th day of July, 2021
The petitioners seek to command the 1 st
respondent to pass orders by considering Ext.P5 in the light
of Ext.P7 report from the 2nd respondent, allowing change of
nature of land.
2. The petitioners jointly own 9.20 Ares of land in
Maradu Village of Kanayannur Taluk. The petitioners have
submitted Form 6 application under the Kerala Conservation
of Paddy Land and Wetland Rules, 2008 for change in the
nature of land. The land is described as wetland in the Basic
Tax Register and the petitioners want to change the nature of
the land as garden land. The petitioners have submitted
Ext.P5 application invoking Rule 12(1) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
3. It is the contention of the petitioners that the
Village Officer who inspected the land has issued Ext.P7
WP(C) No.13290/2021
report in favour of the petitioners stating that the land in
question will not fall under the purview of wetland. Inspite of
this report no orders are passed in Ext.P5. The petitioners
further seek for an interim direction to the respondents 4 and
5 to provisionally accept and process the application for
building permit and to issue provisional building permit for
renovation/re-construction of the existing building situated in
the property.
4. Heard the learned counsel for the petitioners,
learned Government Pleader representing the respondents 1
to 3 and the learned Standing Counsel appearing for the
respondents 4 and 5.
5. The petitioners have submitted Ext.P5 application
invoking the provisions of Kerala Conservation of Paddy
Land and Wetland Act and the Rules thereunder. The
Village officer has also given a report in respect of the
application. The petitioners propose to construct/re-construct
a building in the land. As the Ext.P5 application is statutory
in nature, it is necessary that the 1st respondent-Revenue
WP(C) No.13290/2021
Divisional Officer should consider the same expeditiously
within a reasonable time, especially since the petitioners
propose to construct/re-construct a building thereon.
6. In the circumstances, the writ petition is disposed
of directing the 1st respondent to consider Ext.P5 application
and pass orders thereon, if the application is complete in all
respects and supported by necessary documents. An order
in this regard shall be passed within a period of one month.
After obtaining orders on Ext.P5, the petitioners will be free to
move the respondents 4 and 5 for issuance of building permit
in which case the respondents 4 and 5 will consider the
building permit application expeditiously.
The petitioners submit that their right to challenge
Ext.P8 Government Order imposing fee on conversion of
nature of land may be reserved. Granting such liberty, the
writ petition is disposed of.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C) No.13290/2021
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED
21/08/2020 EVIDENCING PAYMENT OF TAX
WITH RESPECT TO THE PROPERTY BY THE
PETITIONERS
EXHIBIT P2 A TRUE COPY OF THE BUILDING PERMIT
DATED 14/12/2012 ISSUED IN FAVOUR OF
THE PETITIONERS FOR CONSTRUCTION OF
COMPOUND WALL TO THE PROPERTY OF THE
PETITIONERS.
EXHIBIT P3 A TRUE COPY OF THE BUILDING PERMIT
DATED 13/11/2014 ISSUED IN FAVOUR OF
THE PETITIONERS FOR CONSTRUCTION OF A
COMMERCIAL BUILDING IN THE PROPERTY OF
THE PETITIONERS
EXHIBIT P4 A TRUE COPY OF THE TAX RECEIPT DATED
24/08/2020 EVIDENCING PAYMENT OF
PROPERTY TAX WITH RESPECT TO THE
BUILDING CONSTRUCTED IN THE PROPERTY
OF THE PETITIONERS AS PER EXHIBIT P3,
NUMBERED AS 16/293-1
EXHIBIT P5 A TRUE COPY OF THE FORM 6 APPLICATION
DATED 06/03/2021 SUBMITTED BY THE
PETITIONER UNDER RULE 12(1) OF THE
KERALA CONSERVATION OF PADDY LAND AND
WET LAND RULES, 2008 AS AMENDED, FOR
CONVERSION/CHANGE OF NATURE OF LAND AS
AMENDED, ALONG WITH THE CHALAN
EVIDENCING REMITTANCE OF THE REQUIRES
FEE.
EXHIBIT P6 A TRUE COPY OF THE SPEED POST RECEIPT
DATED 06/03/2021 EVIDENCING SENDING OF
EXHIBIT P5 TO THE 2ND RESPONDENT AND
ITS STATUS OF DELIVERY.
EXHIBIT P7 A TRUE COPY OF THE REPORT OF THE 2ND
RESPONDENT ALONG WITH RELEVANT
ANNEXURES THEREON, SUBMITTED BACK TO
THE 1ST RESPONDENT AFTER ENQUIRY ON
EXHIBIT.p5
WP(C) No.13290/2021
EXHIBIT P8 THE RELEVANT PAGE OF THE TRUE COPY OF
THE GAZETTE NOTIFICATION DATED
21/04/2021 PUBLISHED AMENDING THE
KERALA CONSERVATION OF PADDY LAND AND
WETLAND RULES DATED 25/02/2021
EXHIBIT P9 A TRUE COPY OF THE INTERIM ORDER DATED
23/4/2021 IN W.P.(C) No.10383/2021
