Arun Kumar.K vs State Of Kerala
2022 Latest Caselaw 8338 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 21543 OF 2022
PETITIONER

               ARUN KUMAR.K
               AGED 44 YEARS
               S/O. PADHMANABHAN NAMBIAR, MOHALAYAM HOUSE,
               MAKKADA VILLAGE, KOZHIKODE 673 611.
               BY ADV SALMANUL FASIL O.P.


RESPONDENTS

    1          STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
               REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695
               001.
    2          THE REVENUE DIVISIONAL OFFICER,
               KOZHIKODE, CIVIL STATION, ERANHIPALAM,
               KOZHIKODE DISTRICT- 673 020.


               SMT.SURYA BINOY B SR.GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No. 21543 of 2022           :2:




                           JUDGMENT

Dated this the 1st day of July, 2022

The petitioner, who is owner of 0.4553 Ares (1.1/8

cents) of property in Pantheerankavu Village of Kozhikode

Taluk in Kozhikode District, has filed this writ petition seeking

to direct the 2nd respondent to consider Exts.P4 and P5

applications 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 0.4553 Ares (1.1/8 cents) of land comprised in

Survey No.20/181 and Re-Survey No.20/03 of

Pantheerankavu Village of Kozhikode Taluk in Kozhikode

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 Exts.P4 and P5

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 21.01.2022. The applications have

not been considered so far. Unless the applications are

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

applications submitted by the petitioner can be considered by

the competent authority in accordance with law, provided the

applications are received, are complete in all respects and

are 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 applications in Form-6. The applications being

statutory applications, the Competent Authority is bound to

consider the applications 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 and pass orders on Exts.P4 and P5 Form-6

applications, if they are 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 smm/04.07.2022

APPENDIX OF WP(C) 21543/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT OF LAND IN SURVEY NO. 20/181 DATED 17.01.2022 ISSUED TO PETITIONER FROM VILLAGE OFFICE, PANTHEERANKAVU.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT OF LAND IN SURVEY NO. 20/60 DATED 17.01.2022 ISSUED TO PETITIONER FROM VILLAGE OFFICE, PANTHEERANKAVU.

Exhibit P3 TRUE COPY OF KERALA GAZETTE EXTRAORDINARY NO. 203 DATED 22.01.2020.

Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION NO. 1/2022/905090 DATED 21.01.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4(a) TRUE COPY OF THE POSSESSION CERTIFICATE SURVEY NO. 20/181 ISSUED BY THE PANTHEERANKAVU VILLAGE OFFICER DATED 17.01.2022 TO PETITIONER.

Exhibit P4(b) TRUE COPY OF THE TAX RECEIPT IN SURVEY NO. 20/181 FOR CONVERSION OF WETLAND BY THE VILLAGE OFFICER DATED 21.01.2022.

Exhibit P5 TRUE COPY OF THE FORM 6 APPLICATION NO. 2/2022/905090 DATED 21.01.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5(a) TRUE COPY OF THE POSSESSION CERTIFICATE SURVEY NO. 20/60 ISSUED BY THE PANTHEERANKAVU VILLAGE OFFICER, DATED 17.01.2022 TO PETITIONER.

Exhibit P5(b) TRUE COPY OF THE TAX RECEIPT IN SURVEY NO. 20/60 FOR CONVERSION OF WETLAND BY THE VILLAGE OFFICER, DATED 21.01.2022. Exhibit P6 THE TRUE COPY OF THE REMINDER LETTER DATED BEFORE 2ND RESPONDENT BY THE PETITIONER DATED 26.05.2022.