Durgadathan N. A vs State Of Kerala
2022 Latest Caselaw 6647 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                         WP(C) NO. 15287 OF 2022
PETITIONER:

              DURGADATHAN N. A.
              AGED 42 YEARS
              S/O. N. D. ARYAN, NEDIYAPARAMBATHU MANA,
              VENGIDANGU P. O., THRISSUR - 680510.
              BY ADVS.
              P.B.KRISHNAN
              P.B.SUBRAMANYAN
              SABU GEORGE
              MANU VYASAN PETER


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              REVENUE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.
     2        THE REVENUE DIVISIONAL OFFICER, THRISSUR
              FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
              THRISSUR, PIN - 680003.


              SMT.SURYA BINOY B SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15287 OF 2022

                                2




                             JUDGMENT

Dated this the 9th day of June, 2022

The petitioner has approached this Court seeking to

command the 2nd respondent to consider and pass orders on

Ext.P2 application within a time frame fixed by this Court.

2. The petitioner states that the father of the petitioner

purchased 4.45 Ares of land comprised in Survey No.104/2C-2,

4.45 Ares in Survey No.104/2A-4 and 3.23 Ares of land

comprised in Survey No.3A-1 of Perakam Village in Chavakkad

Taluk. The father of the petitioner unfortunately passed away.

Thereafter, the property was mutated in the name of the

petitioner.

3. According to the petitioner, the land in question is

not included in the Data Bank. However, the nature of the land

is shown as paddy land in Revenue records. In order to utilise

the land for other purposes, the petitioner submitted an WP(C) NO. 15287 OF 2022

application in Form No.6 of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008, seeking to change the nature

of the land in Revenue records. Ext.P2 is the application.

4. The learned counsel for the petitioner submitted that

the land is a garden land and description of the land as paddy

land in Revenue records causes untold hardship to the

petitioner. As the petitioner has invoked the provisions of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008,

the 2nd respondent is bound to consider Ext.P2 application and

pass orders thereon expeditiously, contended the learned

counsel for the petitioner.

5. The Government Pleader entered appearance and

resisted the writ petition. The Government Pleader denied all

the allegations made by the petitioner in the writ petition. The

Government Pleader submitted that the petitioner is seeking

change of nature of the land in Revenue records only in

respect of a part of the property held by the petitioner. WP(C) NO. 15287 OF 2022

Therefore, the petitioner may have to produce a sketch in

respect of the property, before the 2nd respondent. The

Government Pleader, however, submitted that since the

petitioner has invoked a statutory remedy, the competent

authority can consider the same in accordance with law,

provided the application has been received supported by all

necessary documents and paying prescribed fee, if any.

6. I have heard the learned counsel for the petitioner

and learned Government Pleader for the respondents.

7. The petitioner owns land in Perakam Village in

Chavakkad Taluk. According to the petitioner, the land is a

garden land. Description of land as paddy land in Revenue

records causes untold hardship to the petitioner. The petitioner

wants to use the property for other purposes. Therefore, the

petitioner has submitted a statutory application. The petitioner

has invoked Rule 12(1) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. Therefore, the 2nd respondent WP(C) NO. 15287 OF 2022

is bound to consider the same in accordance with law within a

reasonable time.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 2 nd respondent to consider

Ext.P2, if it is received supported by all requisite documents

and paying the prescribed fee, if any, and to pass appropriate

orders thereon, within a period of three months, in accordance

with law.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 15287 OF 2022

APPENDIX OF WP(C) 15287/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 16.08.2021.

Exhibit P2 A TRUE COPY OF FORM - 6 APPLICATION SUBMITTED BY THE PETITIONER ON 20.10.2021.

Exhibit P3 A TRUE COPY OF THE CHALAN, DATED 20.10.2021.

RESPONDENT'S/S EXHIBITS : NIL