Valsa Thambi vs The Revenue Divisional Officer
2022 Latest Caselaw 8343 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. 21513 OF 2022
PETITIONERS

    1          VALSA THAMBI
               AGED 66 YEARS
               W/O. THAMBI, KULANGARA HOUSE,     PARAVOOTHARA,
               NORTH PARAVUR P.O., ERNAKULAM     DISTRICT, PIN.
               -683513.
    2          DHINIL.K.THAMBI,
               AGED 37 YEARS
               S/O. THAMBI, KULANGARA HOUSE,     PARAVOOTHARA,
               NORTH PARAVUR P.O., ERNAKULAM     DISTRICT, PIN.
               -683513.
    3          NIKHIL.K.THAMBI,
               AGED 35 YEARS
               S/O. THAMBI, KULANGARA HOUSE,     PARAVOOTHARA,
               NORTH PARAVUR P.O., ERNAKULAM     DISTRICT, PIN.
               -683513.
               BY ADV P.M.BENZIR


RESPONDENTS

    1          THE REVENUE DIVISIONAL OFFICER
               FORT KOCHI, ERNAKULAM, PIN - 682 001.
    2          THE VILLAGE OFFICER,
               VADAKKEKARA VILLAGE, VADAKKEKARA P.O., NORTH
               PARAVUR, ERNAKULAM, PIN - 683 522.
    3          THE AGRICULTURAL OFFICER,
               KRISHI BHAVAN, CHITTATUKARA, CO-OPERATIVE BANK
               COMPOUND, MUNAMBAM KAVALA, VADAKKEKARA P.O.,
               NORTH PARAVUR, ERNAKULAM, PIN - 683 522.
               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.21513 of 2022         :2:




                          JUDGMENT

Dated this the 1st day of July, 2022

The petitioners, who are owners of 38.50 Ares of

land in Vadakkekara Village of Paravur Taluk in Ernakulam

District, have filed this writ petition seeking to direct the 1 st

respondent to consider and pass orders on Ext.P.3

application within a time frame to be fixed by this Court.

2. The petitioners state that they are owners in

possession of 38.50 Ares of land comprised in Survey

No.228/4-1-3 of Vadakkekara Village of Paravur Taluk in

Ernakulam 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 petitioners want to use the land for other

purposes. Hence, the petitioners 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

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

20.07.2021. The application has not been considered so far.

Unless the application is considered expeditiously, the

petitioners will be put to untold hardship and loss, contend

the petitioners.

4. The Government Pleader representing the

respondents resisted the writ petition. The Government

Pleader controverted all material allegations made by the

petitioners in the writ petition. The 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

application submitted by the petitioners 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 petitioners and

the learned 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 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.P3 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 three months.

Sd/-

N. NAGARESH, JUDGE smm/05.07.2022

APPENDIX OF WP(C) 21513/2022

PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF LAND TAX RECEIPT NO.KL07031003080/2022 DATED 19.05.2022 ISSUED BY THE VILLAGE OFFICER, VADAKKEKARA.

Exhibit P2 PHOTOCOPY OF DATA BANK OF PADDY LAND & WET LAND OF VADAKKEKARA VILLAGE.

Exhibit P3 PHOTOCOPY OF THE APPLICATION IN FORM VII DATED 20.07.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT