Hamsa Haji vs The District Collector
2022 Latest Caselaw 12093 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        WP(C) NO. 42120 OF 2022
PETITIONER

             HAMSA HAJI
             AGED 68 YEARS
             S/O. POKKURUKUTTY HAJI, POOKKATHU HOUSE, ULLANAM P.O.,
             NEDUVA, MALAPPURAM-676 303.
             BY ADV ARYA UNNIKRISHNAN


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             COLLECTRATE ROAD, UP HILL MALAPPURAM-676 505.
     2       THE REVENUE DIVISIONAL OFFICER
             TIRUR REVENUE DIVISIONAL OFFICE, TIRUR- THRIKANDIYOOR
             ROAD, TIRUR, MALAPPURAM-676 101.
     3       THE TAHSILDAR
             TIRURANGADI TALUK OFFICE, TIRURANGADI, MALAPPURAM,
             PIN-676 306.
     4       THE VILLAGE OFFICER
             THIRURANGADI VILLAGE OFFICE, CHEMMAD, THIRURANAGADI P.O.,
             MALAPPURAM-676 306.

             SMT.DEEPA NARAYANAN- SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.42120 OF 2022
                                      2


                            JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner, who is owner of 34.78 Ares of property in

Thirurnagadi Village of Thirurangadi Taluk in Malappuram

District, has filed this writ petition seeking to direct the 2nd

respondent to consider Ext.P3 Form-7 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 34.78 Ares of land comprised in Survey No.105/2 in Block

No.2 of Thirurangadi Village of Thirurangadi 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 'Nilam' in Revenue records.

3. The petitioner wants to use the land for other

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

Form-7 before the Revenue Divisional Officer, invoking the

provisions of Rule 12(1) of the Kerala Conservation of Paddy WP(C) NO.42120 OF 2022

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

25.11.2022. 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.42120 OF 2022

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

but it has been described as 'Nilam', 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 Ext.P3 Form-7 application submitted by the petitioner 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 three months.

sd/-

N. NAGARESH, JUDGE

hmh WP(C) NO.42120 OF 2022

APPENDIX OF WP(C) 42120/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 26.04.2021.

Exhibit P2 TRUE COPY OF THE DRAFT DATA BANK OF THIRURANGADI KRISHI BHAVAN., Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 7 BEFORE THE 2ND RESPONDENT DATED 25.11.2022 ALONG WITH SURVEY SKETCH.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 25.11.2022.