Citation : 2021 Latest Caselaw 15163 Ker
Judgement Date : 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 20TH DAY OF JULY 2021/29TH ASHADHA, 1943
WP(C) NO. 14431 OF 2021
PETITIONER:
MUHAMMEDALI, AGED 62 YEARS,
S/O.HASSANALI HAJI, MOOLAMKANNAM
PARAMBIL HOUSE, CHAMAKKALA P.O.,
CHENDRAPPINNI, THRISSUR 680 687.
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 JN.,
THIRUVANANTHAPURAM-695 033.
3 DISTRICT COLLECTOR, THRISSUR,
COLLECTORATE, CIVIL STATION, THRISSUR,
AYYANTHOLE P.O., THRISSUR DISTRICT 680 003.
4 REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,
REVENUE DIVISONAL OFFICE, CIVIL STATION ANNEX,
IRINJALAKUDA P.O., THRISSUR 680 125.
5 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL
OFFICER), KRISHI BHAVAN, KARALAM,
THANISSERY P.O., THRISSUR 680 701.
6 AGRICULTRUAL OFFICER, KRISHI BHAVAN,
KARALAM, THANISSERY P.O.,THRISSUR 680 701.
G.P. SRI RAVIKRISHNAN ASOKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.14431/2021
2
JUDGMENT
Dated this the 20th day of July, 2021
The petitioner is owner of 6.33 Ares of land comprised
in Block No.51 Sy.No.1302/3-18 of Karalam Village in
Thrissur District. According to the petitioner, though the
land is a garden land, it is described as paddy land/wetland
in the revenue records. Therefore, the petitioner seeks
change of nature of the land in the revenue records. The
petitioner has filed Ext.P2 application invoking Rule 12(1) of
the Kerala Conservation of Paddy Land and Wetland Rules,
2008.
2. I have heard the learned counsel for the
petitioner and the learned Government Pleader
representing the respondents.
3. As Ext.P2 application filed by the petitioner is a
statutory application invoking provisions of the Kerala WP(C) No.14431/2021
Conservation of Paddy Land and Wetland Act and Rules
made thereunder, the 4th respondent is legally bound to
consider the same within a reasonable time.
Therefore the writ petition is disposed of directing the
4th respondent to consider Ext.P2 application within a period
of two months if the application is complete in all respects
and is supported by all necessary documents.
Sd/-
N. NAGARESH JUDGE ncd/20.07.2021 WP(C) No.14431/2021
APPENDIX OF WP(C) 14431/2021
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE LETTER DATED 06.07.2020 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24/11/2020 ALONG WITH ITS FEE PAYMENT CHALLAN AND POSTAL DELIVERY ACKNOWLEDGMENT.
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