Kerala High Court
Mallika @Rajasree T.V vs The Revenue Divisional Officer on 26 August, 2022
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. 27734 OF 2022
PETITIONER
MALLIKA @RAJASREE T.V.
AGED 56 YEARS
W/O. P.N. CHANDRAN, KUDIYIRIKKALPADAM,
THRIKKAKARA NORTH,
CHANGAMPUZHA NAGAR P.O, ERNAKULAM - 682033.
BY ADVS.
P.K.SAJEEVAN
O.U.ANISH RAJ
A.H.SINCEY
BIJU.V.JOHN
RADHAKRISHNAN B.
B.SYED MOHAMMED
RAMLAL V.R.
RESPONDENTS
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE,
FORT KOCHI, ERNAKULAM - 682002.
2 TAHSILDAR (LR),
KANAYANNOOR TALUK, TALUK OFFICE,
ERNAKULAM - 682312.
W.P(C) No. 27734 of 2022 2
]
3 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICE, EDAPPALLY SOUTH,
ERNAKULAM - 682025.
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: IN THE HIGH COURT OF KERALA AT
ERNAKULAM
W.P(C) No. 27734 of 2022 3
]
JUDGMENT
Dated this the 26th day of August, 2022
The petitioner, who is owner of 4.77 Ares of property in
Edappally South Village of Kanayannur Taluk in Ernakulam
District, has filed this writ petition seeking to direct the 1 st
respondent to consider Ext.P8 application and to pass orders
thereon, within a time frame to be fixed by this Court.
2. The petitioner states that she is the owner in
possession of 4.77 Ares of land comprised in Survey
No.115/12-17 of Edappally South 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 petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P8 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
05.08.2022. 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.
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 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 1st respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P8 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
smm/ 30.08.2022
]
APPENDIX OF WP(C) 27734/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY WILL NO. 171/2001 DATED
3.12.2001.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE DATED
3.2.2006 OF VASU ISSUED FROM CORPORATION
OF KOCHI, ERNAKULAM.
Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED NO.
3020/2019 DATED 18.11.2019.
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT OF THE
PROPERTY DATED 19.02.2022 ISSUED BY THE
3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE
NO. 66765990 DATED 30.07.2022.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK.
Exhibit P7 TRUE COPY OF THE SKETCH.
Exhibit P8 TRUE COPY OF THE APPLICATION DATED
05.08.2022 IS IN FORM NO. 6 FOR THE
PURPOSE OF COVERED BY EXT.P4 SUBMITTED
TO THE 1ST RESPONDENT.
Exhibit P9 TRUE COPY OF THE CHALAN RECEIPT DATED
05.08.2022 SHOWING THE FEE PAID ALONG
WITH EXT.P8.
