Shyam Mohan N vs The State Of Kerala
2022 Latest Caselaw 7224 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 20366 OF 2022
PETITIONER

             SHYAM MOHAN N
             AGED 58 YEARS
             S/O.P.M.NANDAKUMAR, SANTHA NIVAS HOUSE, KODUVAYUR POST,
             PALAKKAD DIST., PIN -678501. R
             EPRESENTED BY HIS POWER OF ATTORNEY HOLDER, N. PRASANNA,
             AGED 56 YEARS, D/O.P.M.NANDAKUMAR, SARANAM, D-14 HOUSE,
             NEW CIVIL NAGAR, PALAKKAD POST, PALAKKAD DIST, PIN -678001
             BY ADV AVANEESH KOYIKKARA


RESPONDENTS:

    1        THE 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, THIRUVANTHAPURAM-695033.
    3        DISTRICT COLLECTOR,
             PALAKKAD, COLLECTORATE, KENATHUPARAMBU, PALAKKAD-678013.
    4        REVENUE DIVISIONAL OFFICER,
             PALAKKAD, REVENUE DIVISIONAL OFFICE,VIDYUT NAGAR,
             PALAKKAD-678001
    5        LOCAL LEVEL MONITORING COMMITTEE,
             (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER) KRISHI
             BHAVAN, CIVIL STATION, PALAKKAD, - 678001.
    6        AGRICULTURAL OFFICER
             KRISHI BHAVAN, CIVIL STATION, PALAKKAD-678001.


             SRI.SYAMANTHAK B S GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20366 OF 2022
                                   2




                          JUDGMENT

Dated this the 23rd day of June, 2022

The petitioner, who is owner of 4.45 Ares of property in

Palakkad-II Village of Palakkad Taluk in Palakkad District, has

filed this writ petition seeking to direct the 4th respondent to

consider Ext.P4 Form -6 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 4.45 Ares of land comprised in Survey

No.1618/96 of Palakkad-II Village of Palakkad Taluk in

Palakkad 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 WP(C) NO.20366 OF 2022

provisions of Rule 12(1) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008. The application was filed on

24.05.2022. 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. WP(C) NO.20366 OF 2022

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 the provisions of 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 4th 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 hmh WP(C) NO.20366 OF 2022

APPENDIX OF WP(C) 20366/2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 07.07.2020 ISSUED FROM PALAKKAD-II VILLAGE OFFICE.

Exhibit P2 A COPY OF POSSESSION CERTIFICATE DATED 18.11.2021 ISSUED FROM PALAKKAD-II VILLAGE OFFICE.

Exhibit P3 A COPY OF THE DECISION IN FILE NO.RDOPKD/1745/2021-J1 DATED 17.03.2022 OF PALAKKAD RDO DATED 17.03.2022.

Exhibit P4 THE TRUE COPY OF FORM.6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24.05.2022.

Exhibit P4 a A COPY OF THE FEE PAYMENT CHALLAN OF EXT.P4 FORM.6 APPLICATION DATED 01.12.2021.