Abdul Basith vs The Revenue Divisional Officer, ...
2022 Latest Caselaw 6515 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                    WP(C) NO. 18494 OF 2022
PETITIONER

            ABDUL BASITH
            AGED 30 YEARS
            S/O. ABU YOOSAF, KALATHIL THODIYIL HOUSE,
            PAINKANNUR, TIRUR TALUK, MALAPPURAM DISTRICT,
            PIN 679 571.
            BY ADVS.
            BINU V V VEETTIL VALAPPIL
            S.K.PREMJITH MENON


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER, TIRUR
            THRIKANDIYOOR ROAD, TIRUR P.O,
            MALAPPURAM DISTRICT, PIN 676 101.
    2       THE VILLAGE OFFICER,
            KUTTIPPURAM VILLAGE OFFICE, KUTTIPPURAM P.O,
            TIRUR TALUK, MALAPPURAM DISTRICT, PIN 679 571.


            SRI.SYAMANTHAK B S, GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   08.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.18494 OF 2022
                                2




                              JUDGMENT

Dated this the 8th day of June, 2022

The petitioner, who is the owner of 20.23 Ares of land in

Kuttippuram Village in Tirur Taluk, has filed this writ petition

seeking to direct the respondents to expedite the proceedings

in Ext.P1 and pass appropriate orders within a time frame to

be fixed by this Court.

2. The petitioner states that he is the owner of

20.23 Ares of land comprised in Survey No.270/2-6 of

Kuttippuram Village in Tirur Taluk. The land is unnotified land

under Section 27A of the Kerala Conservation of Paddy Land

and Wetland Act, 2008.

3. The petitioner, therefore, submitted Ext.P1 Form 6

application invoking the provisions of the Kerala Conservation

of Paddy Land and Wetland Rules, 2008 seeking to make

changes in the nature of the land in Revenue records. Ext.P1

has not been disposed of so far. Therefore, the petitioner is

before this Court.

WP(C) NO.18494 OF 2022

4. The learned Government Pleader entered

appearance and contested 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 submitted

application invoking the provisions of the Kerala Conservation

of Paddy Land and Wetland Act, 2008 and the Rules made

thereunder, the application can be considered by the

Competent Authority, if the same is complete and supported

by all requisite documents.

5. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

6. The petitioner has submitted Ext.P1 application

invoking the provisions under Rule 12(1) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008. The

application is seen submitted as early on 20.04.2022. Ext.P1

being an application submitted invoking the provisions of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008,

the 1st respondent is bound to consider the same in WP(C) NO.18494 OF 2022

accordance with law, and pass appropriate orders thereon,

within a reasonable time.

In the circumstances of the case, the writ petition is

disposed of directing the 1 st respondent to consider Ext.P1

application, if it is received along with all supporting

documents and paying prescribed fee, if any, and to pass

appropriate orders thereon in accordance with law, within a

period of three months.

sd/-

N. NAGARESH JUDGE hmh WP(C) NO.18494 OF 2022

APPENDIX OF WP(C) 18494/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 20.04.2022.