E P Haris vs The Revenue Divisional Officer
2022 Latest Caselaw 9093 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                       WP(C) NO. 24324 OF 2022
PETITIONER

               E P HARIS
               AGED 51 YEARS
               S/O. MUHAMMEDKOYA "GRACE",
               CHALAPPURAM P.O, KOZHIKODE-673002 ,
               BY ADVS.
               V.N.HARIDAS
               SAIFUDEEN T.S
               ANJANA CHANDRAN


RESPONDENTS

    1          THE REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISION OFFICE,
               KOZHIKODE COLLECTORATE, P.O.CIVIL STATION,
               KOZHIKODE 673020.
    2          LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENOR, AGRICULTURAL
               OFFICER, KRISHIBHAVAN, PUTHIYARA P.O, KOZHIKODE
               673004.



               SRI.SYAMANTHAK B S, GP


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   27.07.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.24324 of 2022           2
]




                       JUDGMENT

Dated this the 27th day of July, 2022

The petitioner, who is owner of 10.08 cents of

land in Valayanadu Village of Kozhikode Taluk in

Kozhikode District, has filed this writ petition seeking to

direct the 1st respondent to consider Ext.P4 application

and to pass orders thereon, within a time frame to be

fixed by this Court.

2. The petitioner states that he is the owner in

possession of 10.08 cents of land comprised in Survey

No.17/3 of Valayanadu Village of Kozhikode Taluk in

Kozhikode 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.P4 application

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 application was filed on 08.06.2022. 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-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.

Sd/-

N. NAGARESH, JUDGE

smm/29.07.2022

]

APPENDIX OF WP(C) 24324/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED. 12.05.2022 ISSUED BY THE VALAYANADU VILLAGE OFFICE. Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.01.2022 ISSUED BY THE VALAYANADU VILLAGE OFFICE.

Exhibit P3 A TRUE COPY OF THE INFORMATION GIVEN BY THE AGRICULTURAL OFFICER DATED 09.11.2018.

Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 08.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.