T.Beena vs The Revenue Divisional Officer
2022 Latest Caselaw 8847 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. 22084 OF 2022
PETITIONER

               T.BEENA
               AGED 58 YEARS
               W/O.LATE P.VEERIAH, G-378, 27, PANAMPALLY
               NAGAR, P.O.PANAMPALLY NAGAR, KOCHI - 682 036.
               BY ADV K.V.SREE VINAYAKAN


RESPONDENTS

    1          THE REVENUE DIVISIONAL OFFICER
               FORT KOCHI, PIN - 682 001.
    2          THE TAHSILDAR
               KANAYANNUR, PARK AVENUE, ERNAKULAM, ERNAKULAM
               DISTRICT, PIN - 682 011.
    3          THE VILLAGE OFFICER
               CHERANELLOOR VILLAGE P.O.CHERANELLOOR, PIN -
               682 034.
    4          THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, VYTTILA, KOCHI - 682 019.


               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:
 W.P(C) No.22084 of 2022         :2:




                          JUDGMENT

Dated this the 7th day of July, 2022

The petitioner, who is owner of 26.45 Ares of land

comprised in Survey No.1079/2-1 and 33.55 Ares of land

comprised in Survey No.1080/5 in Cheranelloor Village of

Kanayannur Taluk in Ernakulam District, has filed this writ

petition seeking to direct the 1 st respondent to consider

Ext.P3 application and to pass orders thereon, within a time

frame to be fixed by this Court.

2. The petitioner states that she is the owner of

26.45 Ares of land comprised in Survey No.1079/2-1 and

33.55 Ares of land comprised in Survey No.1080/5 in

Cheranelloor Village of Kanayannur 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 petitioner wants to use the land for other

purposes. Hence, the petitioner 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

01.01.2022. 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.

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 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 four months.

Sd/-

N. NAGARESH, JUDGE smm/08.07.2022

APPENDIX OF WP(C) 22084/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25/8/2020 IN RESPECT OF PROPERTY COVERED BY DOCUMENT NO.2458/2014 AND 2459/2014 OF ERNAKULAM SRO ISSUED TO THE PETITIONER BY 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF DEVELOPMENT PERMIT NO.MOP3/99/06 DATED 5/6/2006 ISSUED BY KOCHI CORPORATION IN FAVOUR OF PREDECESSOR IN TITLE OF THE PETITIONER.

Exhibit P2A TRUE COPY OF DEVELOPMENT PERMIT NO.MOP3/100/06 DATED 5/6/2006 ISSUED BY KOCHI CORPORATION IN FAVOUR OF PREDECESSOR IN TITLE OF THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01/01/2022 IN RESPECT OF THE PROPERTY COVERED BY DOCUMENT NO.2458/2014 AND DOCUMENT NO.2459/2014.

Exhibit P4 TRUE COPY OF THE REPORT OF KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE DATED 23/01/2021 IN RESPECT OF PROPERTY IN SY.NO.1079/2-1.

Exhibit P5 TRUE COPY OF THE REPORT OF KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE DATED 23/01/2021 IN RESPECT OF PROPERTY IN SY.NO.1080/5.