Shakthikumar vs The Revenue Divisional ...
2022 Latest Caselaw 8866 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. 22042 OF 2022
PETITIONER

               SHAKTHIKUMAR
               AGED 51 YEARS
               S/O. SADASIVAN PILLAI, SHAKTHI MANDIRAM,
               KOTTAKKAKAM, CHAVARA, KOLLAM-PIN - 691583.
               BY ADVS.
               T.P.PRADEEP
               MINIKUMARY M.V.
               P.K.SATHEES KUMAR
               R.K.PRASANTH


RESPONDENTS

    1          THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
               REVENUE DIVISIONAL OFFICE, KOLLAM - PIN -
               691001.
    2          LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER/AGRICULTURAL
               OFFICER, KRISHI BHAVAN, CHAVARA P.O, KOLLAM -
               PIN - 691583.
    3          THE VILLAGE OFFICER,
               VILLAGE OFFICE, CHAVARA P.O, KOLLAM, PIN -
               691583.


               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.22042 of 2022         :2:




                       JUDGMENT

~~~~~~~~~

Dated this the 7th day of July, 2022

The petitioner, who is owner of 4.30 Ares of land

comprised in Re-Survey No.40/11 and 4.85 Ares of land

comprised in Re-Survey No.40/10 of Chavara Village,

Karunagappally Taluk in Kollam District, has filed this writ

petition seeking to direct the 1 st respondent to consider

Exts.P3 and P3(a) applications and to pass orders thereon,

within a time frame to be fixed by this Court.

2. The petitioner is owner of 4.30 Ares of land

comprised in Re-Survey No.40/11 and 4.85 Ares of land

comprised in Re-Survey No.40/10 of Chavara Village,

Karunagappally Taluk in Kollam 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 Exts.P3 and P3(a)

applications in 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

applications were filed on 13.05.2022. The applications have

not been considered so far. Unless the applications are

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

applications submitted by the petitioner can be considered by

the competent authority in accordance with law, provided the

applications are received, are complete in all respects and

are 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 applications in Form-6. The applications being

statutory applications, the Competent Authority is bound to

consider the applications 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 Exts.P3 and P3(a) Form-6

applications, if the same are 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

APPENDIX OF WP(C) 22042/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPTS DATED 23.02.2019 ISSUED FROM THE CHAVARA VILLAGE.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATABANK PUBLISHED IN CHAVARA PANCHAYAT.

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13.05.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P3(a) TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13.05.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.