Abdul Salam vs The Revenue Divisional Officer
2022 Latest Caselaw 12400 Ker

         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. 42434 OF 2022
PETITIONER:

         ABDUL SALAM
         AGED 59 YEARS
         S/O. ALAVIKUTTY,
         KOLAMBIL PADINJARAKKARA,
         CHETTUPPADI P.O.,
         PURAPPANGADI,
         MALAPPURAM - 676819.

         BY ADVS.
         M.B.SHYNI
         V.R.ANILKUMAR
         RAJESH KUMAR R.
         RAMEES P.K.
         ERFANA PARAMBADAN
         SARAFUDHEEN T.


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER
         TIRUR REVENUE DIVISIONAL OFFICE,
         THRIKKANDIYUR ROAD,
         THIRUR, MALAPPURAM - 676821
    2    THE VILLAGE OFFICER
         PARAPPANANGADI VILLAGE OFFICE,
         TIRURANGADI TALUK,
         MALAPPURAM - 676303.

         BY SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

     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.42434 of 2022
                                :2 :



                          JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner, who is owner of 51 Ares 41 Square

Metres of property in Block No.24 of Parappanagadi Village,

Tirurangadi Taluk in Malappuram District, has filed this writ

petition seeking to direct the 1st respondent to consider Ext.P2

application and to pass orders thereon, within a time frame to

be fixed by this Court.

2. The petitioner states that he is owner of 51 Ares 41

Square Metres of property in Survey No.112/14 of Block

No.24 of Parappanagadi Village, Tirurangadi 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 paddy land in Revenue

records.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P2 application in

Form-7 before the Revenue Divisional Officer, invoking the WP(C) No.42434 of 2022

provisions of Rule 12(1) of the Kerala Conservation of Paddy

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

21.07.2022. 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. Senior Government Pleader representing the

respondents and resisted the writ petition. The Senior

Government Pleader controverted all material allegations

made by the petitioner, in the writ petition. The Senior

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 Senior Government Pleader representing the WP(C) No.42434 of 2022

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-7. 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.P2 Form-7 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 two months.

Sd/-

N. NAGARESH, JUDGE sss WP(C) No.42434 of 2022

APPENDIX OF WP(C) 42434/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER PARAPPANRANGADI VILLAGE OFFICE, DATED 28/04/2022.

EXHIBIT P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21/07/2022.