Jamsiyanasar Muhammed vs Revenue Divisional Officer
2022 Latest Caselaw 9527 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                     WP(C) NO. 27474 OF 2022
PETITIONER:

            JAMSIYANASAR MUHAMMED
            AGED 34 YEARS
            D/O. ENUDHEENKUTTY,
            MULLATHEL KAITHAVALAPPIL HOUSE,
            PERUMPADAPPU P.O., MALAPPURAM DISTRICT 679 580.

            BY ADV U.K.DEVIDAS


RESPONDENT:

            REVENUE DIVISIONAL OFFICER
            RDO OFFICE, TIRUR, TRIKANDIYUR ROAD,
            MALAPPURAM DISTRICT - 676 101.

            SRI.SYAMANTHAK B S, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   25.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.27474 OF 2022

                              2




                           JUDGMENT

Dated this the 25th day of August, 2022

The petitioner, who is owner of 16.19 Ares of property in

Block No.4 of Perumpadappu Village of Ponnani Taluk in

Malappuram District, has filed the writ petition seeking to

direct the respondent-Revenue Divisional Officer to consider

Ext.P3 application and to pass orders thereon, within a time

frame to be fixed by this Court.

2. The petitioner states that she is owner in

possession of 16.19 Ares of land comprised in Survey

No.65/4-1 of Block No.4 of Perumpadappu Village of Ponnani

Taluk in Malappuram District. The land is garden land. It is

not cultivated with paddy. It is not fit for paddy cultivation

either. However, the land is described as paddy land in

Revenue records.

WP(C) NO.27474 OF 2022

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P3 application in

Form-6 before the Revenue Divisional Officer, invoking the

provisions of Rule 12(1) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. The application was filed on

27.06.2022. The application has not been considered so far.

Unless the application is considered expeditiously, the

petitioner will be put to untold hardship and loss, contends the

petitioner.

4. The Government Pleader representing the

respondent resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioner, in

the writ petition. The Government Pleader, however,

submitted that since the petitioner has invoked a statutory

remedy under the provisions of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008, the application

submitted by the petitioner can be considered by the WP(C) NO.27474 OF 2022

competent authority in accordance with law, provided the

application is received, is complete in all respects and is

supported by all necessary documents.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondent.

6. The property of the petitioner is said to be a dry

land, but it has been described as paddy land in Revenue

records. Rule 12(1) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008 provides for making applications for

changing the nature of land in Revenue records. The

petitioner has invoked the provisions of Rule 12(1) of the

Rules, 2008 by filing application in Form-6. It being a statutory

application, the Competent Authority 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 respondent-Revenue Divisional Officer to consider and

pass orders on Ext.P3 Form-6 application, if the same is WP(C) NO.27474 OF 2022

received supported by all requisite documents and paying

prescribed fee, if any, and to pass orders thereon in

accordance with law, within a period of three months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.27474 OF 2022

APPENDIX OF WP(C) 27474/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 05.04.2022 ISSUED BY THE VILLAGE OFFICER, PERUMPADAPPU Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK Exhibit P3 TRUE COPY OF THE APPLICATION DATED 27.06.2022 IN FORM 6 UNDER THE KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008 Exhibit P4 TRUE COPY OF THE RECEIPT DATED 27.06.2022 BY THE VILLAGE OFFICE, PERUMPADAPPU

RESPONDENT'S/S EXHIBITS : NIL