George Mathew vs The District Collector
2022 Latest Caselaw 7238 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. 20454 OF 2022
PETITIONER:

              GEORGE MATHEW,
              AGED 62 YEARS, S/O. THOMAS MATHEW, 4-NOEL FARGRANZ,
              SHIHAB THANGAL ROAD, NEAR KAIRALY FORD SERVICES,
              THRIKKAKARA, ERNAKULAM - 682021.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE KB JACOB ROAD,
              FORT KOCHI, KOCHI - 682001.
     3        THE TAHASILDAR, PARAVUR TALUK OFFICE,
              NORTH PARAVUR, MAIN ROAD, NORTH PARAVUR - 683 513.
     4        THE VILLAGE OFFICER, KOTTUVALLY VILLAGE OFFICE,
              CHERIYAPPILLY, KAITHARAM P.O., ERNAKULAM - 683 519.
BY ADV:

              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. 20454 OF 2022

                               2


                            JUDGMENT

Dated this the 23rd day of June, 2022

The petitioner, who is owner of 3.98 Ares of land in

Kottuvally Village of Paravur Taluk in Ernakulam District, has

filed the writ petition seeking to direct the 2 nd respondent to

consider Ext.P3 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 3.98 Ares of land comprised in Survey No.415/2-

4 of Kottuvally Village of Paravur Taluk in Ernakulam 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.P3 application in

Form-6 before the Revenue Divisional Officer, invoking the

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

Land and Wetland Rules, 2008. The application was filed on WP(C) NO. 20454 OF 2022

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

Wetland Rules, 2008 provides for making applications for WP(C) NO. 20454 OF 2022

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.P3 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. 20454 OF 2022

APPENDIX OF WP(C) 20454/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 28.04.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF KOTTUVALLY GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 28.04.2022 ALONG WITH SURVEY SKETCH.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 04.05.2022.

RESPONDENT'S/S EXHIBITS : NIL