Abdul Khadar vs State Of Kerala
2022 Latest Caselaw 9556 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. 26932 OF 2022
PETITIONER:

              ABDUL KHADAR
              AGED 62 YEARS
              S/O.MUHAMMAD, MUNDETH HOUSE, MEKKALADY DESSOM,
              KALADY VILLAGE, ALUVA, ERNAKULAM, PIN - 683574
              BY ADVS.
              JOBY CYRIAC
              KURIAN K JOSE


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB RD,
              FORT KOCHI, KOCHI, KERALA, PIN - 682001

              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.26932 OF 2022
                                    2


                           JUDGMENT

Dated this the 25th day of August, 2022

The petitioner, who is owner of 6.68 Ares of property

in Chengamanad Village of Aluva Taluk in Ernakulam District,

has filed this writ petition seeking to direct the 2nd respondent to

consider Ext.P1 Form-6 application and to pass orders thereon,

within a time frame to be fixed by this Court.

2. The petitioner states that he is owner in possession

of 6.68 Ares of land comprised in Survey Nos.302/3-6 and

302/3-7 of Chengamanad Village of Aluva Taluk in Ernakulam

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.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P1 application in

Form-6 before the Revenue Divisional Officer, invoking the

provisions of Rule 12(1) of the Kerala Conservation of Paddy WP(C) NO.26932 OF 2022

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

20.07.2022. 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

respondents 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 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 respondents. WP(C) NO.26932 OF 2022

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 2nd respondent-Revenue Divisional Officer to

consider and pass orders on Ext.P1 Form-6 application, if the

same is 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 four months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.26932 OF 2022

APPENDIX OF WP(C) 26932/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ONLINE APPLICATION NO.11/2022/1177951 DATED 20-07-2022 PREFERRED BY THE PETITIONER, TO THE 2ND RESPONDENT.

Exhibit P1(a) TRUE COPY OF FEE RECEIPT NO.KL07040108827/2022 DATED 20-07-2022 OF EXT P1