L.Thankamma vs Revenue Divisional Officer
2021 Latest Caselaw 14148 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
   WEDNESDAY, THE 7TH DAY OF JULY 2021/16TH ASHADHA, 1943
                     WP(C) NO. 2510 OF 2021


PETITIONER:

         L.THANKAMMA, AGED 74 YEARS
         W/O.NARAYANA KEDHILAYA,
         'SREENILAYAM', MULLERIYA P.O.,
         KASARAGOD DISTRICT, NOW RESIDING AT
         'USHAS', S.S.TEMPLE ROAD,
         PAYYANNUR AMSOM DESOM,
         P.O.PAYYANNUR, PAYYANNUR TALUK,
         KANNUR DISTRICT.

         BY ADVS.
         M.V.AMARESAN
         SRI.S.S.ARAVIND


RESPONDENT:

         REVENUE DIVISIONAL OFFICER
         KASARAGOD, PIN-671 001.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.2510/2021

                                2



                         JUDGMENT

Dated this the 7th day of July, 2021

The petitioner who is a 74 year old senior citizen is

seeking to quash Ext.P1 order passed by the respondent

declining the application of the petitioner for conversion of

land in Form IX under the provisions of Kerala Conservation

of Paddy Land and Wet Land Act & Rules, 2008.

2. When this writ petition came up for hearing

today, the learned counsel for the petitioner submitted that

the petitioner has filed Ext.P6 application invoking Rule

12(1) of the Kerala Conservation of Paddy Land and Wet

Land Act & Rules, 2008 seeking to change the nature of the

property of the petitioner. The counsel for the petitioner

further submitted that as per the latest Government Order

dated 25.02.2021, the petitioner since holding extent of land

less than 25 cents, is eligible for exemption from payment of

fees under Section 27A(3) also. The petitioner will be WP(C) No.2510/2021

satisfied if a direction is given to the competent authority to

consider Ext.P6 application and pass orders thereon in

accordance with law.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondent.

4. In the facts and circumstances of the case, the

writ petition is disposed of directing the respondent

Revenue Divisional Officer to consider Ext.P6 application

filed by the petitioner in the light of the Government Order

dated 25.02.2021, in accordance with law, if the application

is supported by all required documents and is complete in

all respects. A decision on Ext.P6 shall be taken within a

period of two months.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/07.07.2021 WP(C) No.2510/2021

APPENDIX OF WP(C) 2510/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF ORDER BEARING NO.B5-

3067/19.K.DIS DATED 29.07.2020 OF THE REVENUE DIVISIONAL OFFICER, KASARAGOD.

EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT SWORN TO BY MR.KUNHIKANNAN MANIYANI.

EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT SWORN TO BY MR.KRISHNA MANIYANI.

EXHIBIT P4 TRUE PHOTOGRAPHS THAT REFLECTS DIFFERENT PARTS OF THE PETITIONER'S PROPERTY.

EXHIBIT P5 TRUE COPY OF VILLAGE OFFICER'S REPORT BEARING NO.NDB-499/19 DATED 26.10.2019.

EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF FORM 6 APPLICATION DATED 06.05.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

EXHIBIT P6(a) TRUE COPY OF POSTAL RECEIPT OF EXHIBIT P6 DATED 07.05.2021.