Kerala High Court
Shahul Nazar vs The Revenue Divisional Officer on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42014 OF 2022
PETITIONER/S:
1 SHAHUL NAZAR
AGED 40 YEARS
S/O SHAHUL HAMEED RAWTHER, KARIMPALLOOR HOUSE,
PATHANAPURAM.P.O., KOLLAM DISTRICT REPRESENTED BY
HIS AUTHORIZED POWER OF ATTORNEY SAFIABEEVI.S,
AGED 54 YEARS, W/O SAYED MUSTHAFA SAHIB, SAJAS
MANZIL, PATHANAPURAM.P.O., KOLLAM DISTRICT- 689
695.
2 RAZELIA NAZAR,
AGED 34 YEARS, W/O NAZAR HAMEED, KARIMPALLOOR
HOUSE, PATHANAPURAM P.O., KOLLAM DISTRICT,
REPRESENTED BY HER AUTHORIZED POWER OF ATTORNEY
SAFIA BEEVI.S, AGED 54 YEARS, W/O SAYED MUSTHAFA
SAHIB, SAJAS MANZIL, PATHANAPURAM.P.O., KOLLAM
DISTRICT- 689 695.
BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
ALEESHA SHEREEF
ATHUL ROY
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
PUNALUR, CIVIL STATION, KOLLAM DISTRICT-691305
2 PATHANAPURAM GRAMA PANCHAYATH,
PATHANAPURAM P.O., KOLLAM DISTRICT - 689 695;
REPRESENTED BY ITS SECRETARY.
3 LOCAL LEVEL MONITORING COMMITTEE,
PATHANAPURAM GRAMA PANCHAYATH, PATHANAPURAM P.O.,
KOLLAM DISTRICT - 689 695 REPRESENTED BY ITS
CONVENER, AGRICULTURAL OFFICER, PATHANAPURAM
WP(C) No.42014 of 2022
:2 :
*4 ADDL.R4 THE TAHSILDAR
TALUK OFFICE
PATHANAPURAM
KOLLAM-689695.
5 ADDL.R5 VILLAGE OFFICER
PATHANAPURAM VILLAGE OFFICE
KOLLAM-689695
[ADDL.R4 AND R5 ARE IMPLEADES AS PER ORDER DATED
23.12.2022 IN I.A.NO.1 OF 2022]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.42014 of 2022
:3 :
JUDGMENT
-----------------------
Dated this the 23rd day of December, 2022
The 1st petitioner is the owner of 16.59 Ares of
property and the 2nd petitioner is the owner of 15.11 Ares of
property in Block No.1 of Pathanapuram Village of
Pathanapuram Taluk in Kollam District, have filed this writ
petition seeking to direct the 1 st respondent to consider Exts.P7
and P8 applications and to pass orders thereon, within a time
frame to be fixed by this Court.
2. The petitioners states that the 1st petitioner is the
owner of 16.59 Ares of property in Survey Nos.472/27, 472/28,
472/29 and 472/76 and the 2nd petitioner is the owner of 15.11
Ares of property in Survey Nos.472/26, 472/28, 472/29 and
472/36 in Block No.1 of Pathanapuram Village of
Pathanapuram Taluk in Kollam District. The property of the
petitioners is a garden land. It is not cultivated with paddy. It is
WP(C) No.42014 of 2022
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.P7 and P8
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 03.06.2022. 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 Senior Government Pleader representing the
respondents resisted the writ petition. The Senior Government
Pleader controverted all material allegations made by the
petitioners, in the writ petition. The Senior 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
WP(C) No.42014 of 2022
applications submitted by the petitioners can be considered by
the competent authority in accordance with law, provided the
applications are received, is complete in all respects and is
supported by all necessary documents.
5. Heard the learned counsel for the petitioners and the
learned Senior 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. It being a statutory application, the
Competent Authority is bound to consider the applications and
pass orders thereon within a reasonable time.
The writ petition is disposed of directing the
additional 5th respondent-Village Officer to submit his report to
WP(C) No.42014 of 2022
the 1st respondent-Revenue Divisional Officer within a period of
two weeks. The 1st respondent-Revenue Divisional Officer
shall pass final orders on Exts.P7 and P8 within a further period
of one month, after receipt of the report.
Sd/-
N. NAGARESH
JUDGE
sss
WP(C) No.42014 of 2022
APPENDIX OF WP(C) 42014/2022
PETITIONERS EXHIBIT
Exhibit P1 THE TRUE COPY OF THE POWER OF ATTORNEY
ISSUED BY THE PETITIONER NO.1 DATED
21.10.2021
Exhibit P2 THE TRUE COPY OF THE POWER OF ATTORNEY
ISSUED BY THE PETITIONER NO.2 DATED
21.10.2021
Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT OF THE
1ST PETITIONER'S PROPERTY DATED
06.07.2021
Exhibit P4 THE TRUE COPY OF THE REPORT SUBMITTED
BY THE LOCAL LEVEL MONITORING COMMITTEE
DATED 23.07.2021 WITH RESPECT TO THE
PROPERTY OF THE PETITIONER NO.1
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN
WP(C).NO. 28904/2021 AND 28909/2021
DATED 11.03.2022
Exhibit P6 THE TRUE COPY OF THE GAZETTE
NOTIFICATION DATED 18.05.2022 PUBLISHED
BY THE RESPONDENT NO.2
Exhibit P7 THE TRUE COPY OF FORM NO.6 SUBMITTED BY
THE PETITIONER NO.1 DATED 03.06.2022
Exhibit P8 THE TRUE COPY OF FORM NO.6 SUBMITTED BY
THE PETITIONER NO.2 DATED 03.06.2022
Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED BY
THE AGRICULTURAL OFFICER, KRISHI
BHAVAN, PATHANAPURAM DATED 27.06.2022
