Resmy R vs The Revenue Divisional Officer
2022 Latest Caselaw 8600 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 21957 OF 2022
PETITIONER

             RESMY R.
             AGED 47 YEARS
             D/O. LATE RAJASEKHARAN NAIR, JAYA BHAVAN, VELLOORKUNNAM,
             MARKET P.O., MUVATTUPUZHA 686 673
             BY ADVS.
             RINNY STEPHEN CHAMAPARAMPIL
             ASHA ELIZABETH MATHEW


RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER
             MUVATTUPUZHA, RDO OFFICE, GROUND FLOOR,
             PATTIMATTOM - MUVATTUPUZHA RD, MUVATTUPUZHA - 686 673
     2       THE TAHASILAR (LAND RECORDS),
             TALUK OFFICE, MUVATTUPUZHA - 686 661
     3       THE VILLAGE OFFICER,
             THE VILLAGE OFFICE, VELLOORKUNNAM- 686 673



             SMT.SURYA BINOY B SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.21957 OF 2022
                                     2




                           JUDGMENT

Dated this the 6th day of July, 2022

The petitioner, who is owner of 3.34 Ares of property in

Velloorkunnam Village of Muvattupuzha Taluk in Ernakulam

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

respondent to consider Ext.P2 Form-9 application and to pass

orders thereon, within a time frame to be fixed by this Court.

2. The petitioner states that she is owner in possession

of 3.34 Ares of land comprised in Survey No.527/27-2-11 of

Velloorkunnam Village of Muvattupuzha Taluk in Ernakulam

District. The petitioner's land is classified 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-9 before the Revenue Divisional Officer, invoking the

provisions of Rule 12(13) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. The application has not been WP(C) NO.21957 OF 2022

considered so far. Unless the application is 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 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 Government Pleader representing the respondents.

6. The property of the petitioner is described as paddy

land in Revenue records. Rule 12(13) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008, WP(C) NO.21957 OF 2022

provides for making application for changing the nature of land

in Revenue records. The petitioner has invoked the provisions

of Rule 12(13) of the Rules, 2008 by filing Form-9 application.

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-9 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 hmh WP(C) NO.21957 OF 2022

APPENDIX OF WP(C) 21957/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 22.6.2020 ISSUED FROM THE VILLAGE OFFICE, VELLOORKUNNAM.

Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT