Kerala High Court
Dr.Shabeer N.N vs The District Collector on 23 June, 2022
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. 20431 OF 2022
PETITIONER:
DR.SHABEER N.N
AGED 41 YEARS, NADAKALATHIL ALLIPARAMBIL HOUSE,
MATTARAKKAL P.O, PERINTHALMANNA, MALAPPURAM - 679 322
BY ADV T.G.RAJENDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, UP HILL, MALAPPURAM DISTRICT- 676505
2 THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,
MALAPPURAM DISTRICT - 679 322
3 THE THAHASILDAR,
PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322
4 THE VILLAGE OFFICER, THAZHEKKOD VILLAGE OFFICE,
PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322
BY ADV:
SMT.SURYA BINOY B SR.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. 20431 OF 2022
2
JUDGMENT
Dated this the 23rd day of June, 2022
The petitioner, who is owner of 3.14 Ares of land in
Thazhekkode Village of Perinthalmanna Taluk in Malappuram
District, has filed this writ petition seeking to direct the 2 nd
respondent to consider Ext.P2 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 3.14 Ares of land comprised in Survey
Nos.198/1-35, 198/2-17, 199/1-10 and 199/1-8 of Thazhekkode
Village of Perinthalmanna Taluk in Malappuram 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.P2 application in
Form-6 before the Revenue Divisional Officer, invoking the
provisions of Rule 12(1) of the Kerala Conservation of Paddy
WP(C) NO. 20431 OF 2022
Land and Wetland Rules, 2008. The application was filed on
28.04.2022. 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.
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
WP(C) NO. 20431 OF 2022
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 2nd respondent-Revenue Divisional Officer to consider and
pass orders on Ext.P2 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
spk
WP(C) NO. 20431 OF 2022
APPENDIX OF WP(C) 20431/2022
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT DATED
10.03.2022
EXHIBIT-P2 TRUE COPY OF THE FORM 6 APPLICATION
PREFERRED BY THE PETITIONER DATED
28.04.2022.
RESPONDENT'S/S EXHIBITS : NIL
