P.C.Wilson vs State Of Kerala
2022 Latest Caselaw 9719 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                    WP(C) NO. 27710 OF 2022
PETITIONERS


    1    P.C.WILSON
         AGED 51 YEARS
         S/O CHUMMARU, RESIDING AT "PULIKKOTHI",
         PANORAMA ENCLAVE, LANE NO 1, ELAMKULAM,
         ERANAKULAM, 682019.

    2    SINU WILSON
         W/O P.C.WILSON, RESIDING AT "PULIKKOTHI",
         PANORAMA ENCLAVE, LANE NO 1, ELAMKULAM,
         ERANAKULAM, 682019.
         BY ADVS.
         V.N.HARIDAS
         PARVATHY S.R.
         SAIFUDEEN T.S

RESPONDENTS

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         DEPARTMENT OF AGRICULTURE,
         SECRETARIAT, THIRUVANANTHAPURAM - 695001.

    2    DISTRICT COLLECTOR,
         COLLECTORATE, KAKKANAD,
          ERNAKULAM - 682030.

    3    REVENUE DIVISIONAL OFFICER,
         RD OFFICE,FIRST FLOOR, K.B.JACOB ROAD,
         KOCHI -682001.

    4    LOCAL LEVEL MONITORING COMMITTEE,
         REPRESENTED BY ITS CONVENER, AGRICULTURAL
         OFFICER, KRISHI BHAVAN,
         COCHIN CORPORATION, VYTTILA, KOCHI -18.
 W.P(C) No. 27710 of 2022        2
]
    5       AGRICULTURAL OFFICER,
            KRISHI BHAVAN, COCHIN CORPORATION,
            VYTTILA, KOCHI -18.

            SRI.JIBU T S, GP


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   26.08.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No. 27710 of 2022       3
]

                           JUDGMENT

Dated this the 26th day of August, 2022

The petitioners, who are owners of 4.95 Ares of property in

Elamkulam Village of Kanayannur Taluk in Ernakulam District,

have filed this writ petition seeking to direct the 3 rd respondent

to consider Exts.P3 and P4 applications and to pass orders

thereon, within a time frame to be fixed by this Court.

2. The petitioners state that they are owners in

possession of 4.95 Ares of land comprised in Survey

Nos.801/1-7 and 801/1-9 of Elamkulam Village of Kanayannur

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 petitioners want to use the land for other

purposes. Hence, the petitioners filed Exts.P3 and P4

applications 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 applications were

filed on 05.08.2022. The applications have not been

considered so far. Unless the applications are considered

expeditiously, the petitioners will be put to untold hardship and

loss, contend the petitioners.

4. The Government Pleader representing the

respondents resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioners, in

the writ petition. The Government Pleader, however, submitted

that since the petitioners have invoked a statutory remedy

under the provisions of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008, the application submitted by the

petitioners can be considered by the competent authority in

accordance with law, provided the applications are received,

are complete in all respects and are supported by all necessary

documents.

5. Heard the learned counsel for the petitioners and the

learned Government Pleader representing the respondents.

]

6. The property of the petitioners 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

petitioners have invoked Rule 12(1) of the Rules, 2008 by filing

applications in Form-6. The applications being statutory

applications, the Competent Authority is bound to consider the

applications and pass orders thereon within a reasonable time.

The writ petition is therefore disposed of with a

direction to the 3rd respondent-Revenue Divisional Officer to

consider and pass orders on Ext.P3 and P4 Form-6

applications, if the same are 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 smm/ 30.08.2022

]

APPENDIX OF WP(C) 27710/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF TAX IN THANDAPPER NO 18108 DATED 28.05.2022.

Exhibit P2 A TRUE COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF TAX IN THANDAPPER NO 11729 DATED 28.05.2022.

Exhibit P3 A TRUE COPY OF THE APPLICATION FOR PERMISSION TO USE THE LAND COMPRISED IN SY. NO.801/1-9 FOR OTHER PURPOSES DATED 05.08.2022 SANS DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT IN FORM 6 UNDER S.27 A OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008.

Exhibit P4 A TRUE COPY OF THE APPLICATION FOR PERMISSION TO USE THE LAND COMPRISED IN SY.NO. 801/1-7 FOR OTHER PURPOSES DATED 05.08.2022 SANS DOCUMENTS SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT IN FORM 6 UNDER S. 27 A OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.

Exhibit P5 A TRUE COPY OF THE CHALAN DATED 05.08.2022 EVIDENCING PAYMENT OF THE FEES.