Vivek P.Manu vs The Revenue Divisional Officer
2022 Latest Caselaw 6660 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. 16873 OF 2022
PETITIONER

             VIVEK P.MANU
             AGED 30 YEARS
             S/O.LATE MANOHARAN, PUTHIYATHARAYIL,
             KULASEKHARAMANGALAM P.O., VAIKOM, KOTTAYAM DISTRICT.
             BY ADVS.
             C.S.MANILAL
             S.NIDHEESH


RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER
             PALA, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
             PALA - 686 575.
     2       THE VILLAGE OFFICER
             NADUVILE VILLAGE, VAIKOM TALUK, VAIKOM - 686 146.
     3       THE AGRICULTURAL OFFICER
             VAIKOM, OFFICE OF THE AGRICULTURAL OFFICER,
             VAIKOM - 686 141.



             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. 16873 OF 2022
                                    2


                          JUDGMENT

Dated this the 9th day of June, 2022

The petitioner, who is owner of 2.42 Ares of land in

Naduvile Village of Vaikom Taluk in Kottayam District, has

filed this writ petition seeking to direct the 1st respondent to

consider and pass orders on Ext.P6 application within a time

frame to be fixed by this Court.

2. The petitioner states that he is owner of 2.42 Ares of

land situated in Re-Survey No.190/10-2-1 of Naduvile Village,

VaikomTaluk in Kottayam District. The land is an unnotified land

and had not been included in the Data Bank.

3. The petitioner, therefore, submitted Ext.P6

application in Form-6, invoking Rule 12(1) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008, seeking

to make changes in the nature of the land in Revenue records.

The application was filed on 23.09.2020 . The application is not

disposed of so far. Unless the application is considered WP(C) NO. 16873 OF 2022

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 Act, 2008 and the Rules made thereunder, 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. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C) NO. 16873 OF 2022

6. The petitioner has submitted Ext.P6 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 23.09.2020. Ext.P6

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 accordance

with law, and pass appropriate orders thereon, within a

reasonable time.

The writ petition is therefore disposed of directing the 1st

respondent to consider Ext.P6 Form-6 application submitted

by the petitioner 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 adverting to Ext.P12 Circular dated 10.12.2021.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 16873 OF 2022

APPENDIX OF WP(C) 16873/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 20/10/2020.

Exhibit P2 TRUE COP OF THE JUDGEMENT DATED 20/9/2021 IN WP(C) NO.19526/2021. Exhibit P3 TRUE COPY OF THE ORDER OF THE BUILDING PERMIT DATED 8/11/2021.

Exhibit P4 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE VAIKOM MUNICIPAL CORPORATION.

Exhibit P5 TRUE COPY OF THE STOP MEMO DATED 3/1/2022.

Exhibit P6 TRUE COPY OF THE APPLICATION IN FORM VI.

Exhibit P7 TRUE COPY OF THE CHELLAN RECEIPT DATED 23/9/2020.

Exhibit P8 TRUE COPY OF THE COPY OF THE LETTER DATED 23/9/2020 OF THE 1ST RESPONDENT. Exhibit P9 TRUE COPY OF THE LETTER DATED 23/9/2020 OF 1ST RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE SETTLEMENT DEED DATED 23/6/2020.

Exhibit P11 TRUE COPY OF THE DEATH CERTIFICATE OF V.MANOHARAN DATED 25/4/2003.

Exhibit P12 TRUE COPY OF THE CIRCULAR DATED 10/12/2021.