Jumailath vs Revenue Divisional Officer
2022 Latest Caselaw 8802 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO. 22149 OF 2022
PETITIONER

              JUMAILATH
              AGED 48 YEARS
              W/O.ABDUL AZEES, KUNNATH HOUSE, KACHERIKUNNU,
              CHERPULASSERY, CHERPULASSERY P.O., PALAKKAD,
              KERALA - 679 503.
              BY ADVS.
              P.A.MOHAMMED SHAH
              RENOY VINCENT
              ARUN ROY
              SHAHIR SHOWKATH ALI
              HELEN P.A.


RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, QMH3+R52, PARAKKUNNAM,
              VIDYUT NAGAR, PALAKKAD, KERALA - 678 001.
     2        LOCAL LEVEL MONITORING COMMITTEE
              CHERPULASSERY MUNICIPALITY, PALAKKAD - 679 503,
              REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
              KRISHI BHAVAN, CHERPULASSERY, PALAKKAD - 679 503.
     3        AGRICULTURAL OFFICER
              KRISHI BHAVAN, CHERPULASSERY, PALAKKAD - 679 503.



              SRI.SYAMANTHAK B S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.22149 OF 2022
                                        2


                            JUDGMENT

Dated this the 7th day of July, 2022

The petitioner, who is owner of 32.40 Ares of

property in Block No.42 of Cherpulassery Village of

Ottappalam Taluk in Palakkad District, has filed this writ

petition seeking to direct the 1st respondent to consider Ext.P4

Form-6 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 32.40 Ares of land comprised in Re-Survey No.217/5 in Block

No.42 of Cherpulassery Village of Ottappalam Taluk in

Palakkad District, out of which 19.50 Ares of 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.P4 application in WP(C) NO.22149 OF 2022

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 application was filed on

15.01.2021. 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. 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. WP(C) NO.22149 OF 2022

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 the provisions of Rule 12(1) of the Rules, 2008 by

filing application in Form-6. 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.P4 Form-6 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. The

petitioner would urge that her land is not a commercially WP(C) NO.22149 OF 2022

important land and it does not have vehicular access. It is

made clear that this is a matter to be looked into by the

Revenue Divisional Officer while passing orders on Ext.P4

application.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.22149 OF 2022

APPENDIX OF WP(C) 22149/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER DATED 28/07/2020.

Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 17/04/2021.

Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF FORM 6 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15/01/2021.

Exhibit P5 THE TRUE COPY OF THE CHALAN REFLECTING THE PAYMENT OF FEE BY THE PETITIONER DATED 15/01/2021.

Exhibit P6 THE TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 3RD RESPONDENT DATED 13/04/2021.

Exhibit P7 THE TRUE COPY OF THE FAIR VALUE OF LAND SEARCHED RECORD DATED NIL.