Biju.M vs State Of Kerala
2022 Latest Caselaw 8842 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. 22133 OF 2022
PETITIONER:

              BIJU.M
              AGED 41 YEARS
              S/O.A.MADHAVAN, AMBADI HOUSE, MUNDAKKODE,
              PIRIVUSHALA,CHANDRANAGAR.P.O., PALAKKAD DIST.,
              PIN -678007.
              BY ADV CHITHRA S.BABU


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2        LAND REVENUE COMMISSIONER,
              COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING,
              MUSEUM JN, THIRUVANTHAPURAM-695033.
     3        DISTRICT COLLECTOR,
              PALAKKAD, KENATHUPARAMBU,KUNATHURMEDU,PALAKKAD-678013.
     4        REVENUE DIVISIONAL OFFICER,
              PALAKKAD, PARAKKUNNNAM, VIDYUT NAGAR, PALAKKAD-678001
     5        LOCAL LEVEL MONITORING COMMITTEE,
              (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
              KRISHIBHAVAN, KANNAMBRA-II, ALATHUR, PALAKKAD -678686.
     6        AGRICULTURAL OFFICER,
              KANNAMBRA-II,ALATHUR, PALAKKAD- 678686



              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.22133 OF 2022
                                      2


                           JUDGMENT

Dated this the 7th day of July, 2022

The petitioner, who is owner of 4.20 Ares of property in

Block No. 34 of Kannambra-II Village of Alathur Taluk in

Palakkad District, has filed this writ petition seeking to direct the

4th respondent to consider Ext.P5 Form-6 application 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 4.20 Ares of land comprised in Survey No.652/8 in Block

No.34 of Kannambra-II Village of Alathur Taluk in Palakkad

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.P5 application in

Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.22133 OF 2022

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

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

04.07.2022. 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. 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. WP(C) NO.22133 OF 2022

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 4th respondent-Revenue Divisional Officer to consider and

pass orders on Ext.P5 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.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.22133 OF 2022

APPENDIX OF WP(C) 22133/2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE DOCUMENT NO.1572/2020 DATED 26.08.2020 OF ALATHUR SRO.

Exhibit P2 A COPY OF THE TAX RECEIPT DATED 20.04.2022 ISSUED FROM KANNAMBRA-II VILLAGE OFFICE.

Exhibit P3 A COPY OF POSSESSION CERTIFICATE DATED 20.05.2022 ISSUED FROM KANNAMBRA-II VILLAGE OFFICE Exhibit P4 A COPY OF THE DECISION OF PALAKKAD RDO DATED 30.03.2022.

Exhibit P5 THE TRUE COPY FORM.6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 25.05.2022 Exhibit P5A A COPY OF THE FEE PAYMENT CHALLAN OF EXT.P5 FORM.6 APPLICATION DATED 24.05.22