Sreekala Unni vs State Of Kerala
2022 Latest Caselaw 7056 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        WP(C) NO. 19743 OF 2022
PETITIONER

             SREEKALA UNNI
             AGED 46 YEARS
             W/O.UNNI, E2 UNIVERSITY QUARTERS, NEAR CUSAT,
             THRIKKAKKARA NORTH (PART) KOCHIN UNIVERSITY.P.O.,
             ERNAKULAM DIST., PIN- 682022.
             BY ADV AVANEESH KOYIKKARA
RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2       LAND REVENUE COMMISSIONER,
             COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING,
             MUSEUM JN, THIRUVANANTHAPURAM-695033.
     3       DISTRICT COLLECTOR,
             KOLLAM, COLLECTORATE, KOLLAM.P.O., KOLLAM DISTRICT,
             PIN-691013.
     4       REVENUE DIVISIONAL OFFICER,
             PUNALUR, REVENUE DIVISIONAL OFFICE, VALACODU.P.O.,
             KOLLAM DISTRICT -691331.
     5       LOCAL LEVEL MONITORING COMMITTEE,
             (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
             KRISHI BHAVAN, ANCHAL, KOLLAM-691306.
     6       AGRICULTURAL OFFICER,
             KRISHI BHAVAN, ANCHAL, KOLLAM - 691306.
     7       VILLAGE OFFICER,
             VILLAGE OFFICE, MINI CIVIL STATION, ANCHAL - 691306.


             SMT.SURYA BINOY B SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19743 OF 2022
                                     2


                            JUDGMENT

Dated this the 17th day of June, 2022

The petitioner is owner and title holder of 29.20 Ares of

land comprised in Survey No.59/17 of Block No.33 of Anjal

Village in Kollam District. The petitioner has filed this writ

petition seeking to quash Ext.P8 and to command the

respondents to consider Ext.P3 application in the light of

Exts.P5 and P6 and after site inspection with notice to the

petitioner.

2. The petitioner submitted an application for change

in the nature of the land in Form-7 invoking Rule 12(1) of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008.

The said application was rejected as per Ext.P4. Aggrieved by

Ext.P4, the petitioner has preferred Ext.P7 appeal. The District

Collector has rejected the said appeal on 02.09.2021 as per

Ext.P8.

WP(C) NO. 19743 OF 2022

3. The petitioner submits that the appeal has been

rejected on two grounds; firstly necessary fee in support of the

appeal has not been paid and secondly, there is a delay of 30

days in filing the appeal.

4. The Government Pleader entered appearance and

resisted the writ petition. The Government Pleader

controverted all the material allegations made by the petitioner

in the writ petition. It was pointed out that the petitioner has

preferred the appeal without paying prescribed fee. Therefore,

the appeal cannot be considered. Furthermore, the appeal has

been preferred after a period of 30 days. In such

circumstances, Ext.P8 cannot be interfered with.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. The petitioner has made application in Form-7 for

change of nature of her land, in the prescribed Form-7

application. Form-7 application has been considered and WP(C) NO. 19743 OF 2022

rejected by the Revenue Divisional Officer. The petitioner has

preferred statutory appeal against Ext.P4 order.

7. The counsel for the petitioner submits that the

petitioner has remitted the statutory appeal fee, as evidenced

by Ext.P9. As regards the delay in filing the appeal, the

petitioner could not file the appeal due to Covid-19 pandemic

and in view of the orders of the Hon'ble Apex Court, her

application should not have been rejected on the ground of

delay.

8. After hearing the arguments on either side and

perusing the pleadings in the writ petition, this Court is of the

view that unless the appeal filed by the petitioner is heard on

merits, the petitioner will be put to undue hardship, since this

is a matter affecting her property right. The petitioner has

already remitted the prescribed fee, in support of the appeal.

In the circumstances, the 3rd respondent is directed to

re-consider Ext.P7 appeal submitted by the petitioner and

pass appropriate orders thereon afresh. To enable the 3 rd WP(C) NO. 19743 OF 2022

respondent to consider the appeal afresh, Ext.P8 order is set

aside. The 3rd respondent shall pass orders on appeal within a

period of three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 19743 OF 2022

APPENDIX OF WP(C) 19743/2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 06.01.2021 ISSUED FROM ANJAL VILLAGE OFFICE.

Exhibit P2 A COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURE OFFICER DATED 11.01.2021. Exhibit P3 A COPY OF THE FORM.7 APPLICATION DATED 12.12.2019 OF THE PETITIONER.

Exhibit P4 A COPY OF THE ORDER NO.B 2083/2020/KDIS DATED 25.03.2021 ISSUED BY RDO, PUNALUR.

Exhibit P5 A COPY OF THE LETTER NO.A/172/2015/KSREC/011807/18 DATED 22.02.2019.

Exhibit P6 A COPY OF THE REPORT OF THE VILLAGE OFFICER, ANCHAL DATED 19.03.2020. Exhibit P7 A COPY OF THE APPEAL OF THE PETITIONER DATED 11.08.2021 BEFORE THE 3RD RESPONDENT.

Exhibit P8 A COPY OF THE ORDER DATED 02.09.2021 IN FILE NO.DCKLM/7868/2021-L10 OF THE 3RD RESPONDENT.

Exhibit P9 A COPY OF THE REPRESENTATION DATED 14.03.2022 ALONG WITH CHALLAN FOR RS.500/- TOWARDS FEES.

Exhibit P9(a) A COPY OF THE POSTAL ACKNOWLEDGEMENT OF DELIVERY OF EXT.P9.

Exhibit P10 A TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.