Muraleedharan vs The District Collector
2022 Latest Caselaw 12103 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. 40754 OF 2022
PETITIONER

             MURALEEDHARAN
             AGED 62 YEARS
             S/O DHAMODHARAN, DT NIVAS, PIRAPPANKODE, MANIKKAL,
             NEDUMANGAD, THIRUVANANTHAPURAM-695541.
             BY ADVS.
             LIJU. M.P
             REVATHI R. KURUP


RESPONDENTS:

     1       THE DISTRICT COLLECTOR,
             COLLECTORATE, CIVIL STATION BUILDING,
              THIRUVANANTHAPURAM -695043.
     2       THE REVENUE DIVISIONAL OFFICER,
             OFFICE OF REVENUE DIVISIONAL OFFICER, KUDAPPANAKUNNU,
             THIRUVANANTHAPURAM 695044.
     3       THE THAHISLDAR,
             CHIRAYINKEEZH TALUK, CHIRYINKEEZHU,
             THIRUVANANTHAPURAM 695304.
     4       THE VILLAGE OFFICER,
             PAZHAYAKUNNUMMEL VILLAGE, PAZHAYAKUNNUMMEL,
             THIRUVANANTHAPURAM 695601.
     5       THE PAZHAYAKUNNUMMEL GRAMA PANCHAYAT,
             PAZHAYAKUNNUMMEL, KILIMANNOOR, THIRUVANANTHAPURAM 695601
             REP. BY ITS SECRETARY.
     6       THE PRESIDENT,
             THE PAZHAYAKUNNUMMEL GRAMA PANCHAYAT, PAZHAYAKUNNUMMEL,
             KILIMANNOOR, THIRUVANANTHAPURAM 695601.
             BY ADV SHRI.SIJU KAMALASANAN, SC, PAZHAYAKUNNUMMEL GRAMA
             PANCHAYAT, THIRUVANANTHAPURAM
             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.40754 OF 2022
                                     2




                            JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner, who is owner of 6.90 Ares of property in

Pazhayakunnummel Village of Chirayinkeezhu Taluk in

Thiruvananthapuram 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 6.90 Ares of land comprised in Re-Survey No.64/1 in Block

No.33 of Pazhayakunnummel Village of Chirayinkeezhu Taluk in

Thiruvananthapuram 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 was served with Ext.P5 notice of the

Grama Panchayat alleging that a building construction in the WP(C) NO.40754 OF 2022

land violated Building Rules. The petitioner wants to regularise

the construction. But his application for regularisation was not

accepted since the land is described as 'Nilam' in Revenue

records.

4. The petitioner wants to get the construction

regularised. 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

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

21.12.2021. 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.

5. Counsel for the petitioner submitted that respondents

5 and 6 have issued Ext.P5 notice against the petitioner

alleging that a construction made by the petitioner is

unauthorised inasmuch as requisite setback is not provided in

the construction. The petitioner wanted to get the construction WP(C) NO.40754 OF 2022

regularsied. However, since the land is described as Nilam in

Revenue records, the petitioner is not in a position to upload the

application for regularisation.

6. The Government Pleader representing respondents

1 to 4 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.

7. Heard the learned counsel for the petitioner, the

learned Government Pleader representing respondents 1 to 4

and the learned Standing Counsel representing respondents 5

and 6.

WP(C) NO.40754 OF 2022

8. 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.P1 Form-6 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. As the

petitioner has already submitted Form-6 application for

changing the nature of the land in Revenue records, I am of the WP(C) NO.40754 OF 2022

opinion that any coercive proceedings pursuant to Ext.P5 shall

stand deferred till a decision is taken by the Revenue Divisional

Officer on the Form-6 application submitted by the petitioner.

sd/-

N.NAGARESH

JUDGE hmh WP(C) NO.40754 OF 2022

APPENDIX OF WP(C) 40754/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FORM-6 APPLICATION DATED 21.12.2021.

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 21.12.2022.

Exhibit P3 TRUE COPY OF THE REPORT OF THE RESPONDENT NO.4 DATED 07.04.2022 Exhibit P4 TRUE COPY OF THE CERTIFICATE OF AGRICULTURAL OFFICER, PAZHAYAKUNNUMMEL DATED 21.04.2022 Exhibit P5 TRUE COPY OF THE NOTICE DATED 25.11.2022 ISSUED BY RESPONDENT NO.5 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 28.11.2022 SUBMITTED BEFORE THE RESPONDENT NO.5 Exhibit P7 TRUE COPY OF THE RECEIPT DATED 28.11.2022 ISSUED BY THE OFFICE OF RESPONDENT NO.5.