Naseer Kunjibava vs State Of Kerala
2022 Latest Caselaw 7242 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. 20378 OF 2022
PETITIONER:

              NASEER KUNJIBAVA
              AGED 50 YEARS, S/O KUNJAVAHAJI, KARUVANTHODI, TANALUR,
              MALAPPURAM - 676 307.
              BY ADVS.
              K.SUJAI SATHIAN
              MARY LIYA SABU
              VISMAYA VINOD


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, TIRUR P O, MALAPPURAM,
              PIN- 676 101.
              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. 20378 OF 2022

                               2


                            JUDGMENT

Dated this the 23rd day of June, 2022

The petitioner, who is owner of 13 Ares 70.42 Square

Metres of land in Tanalur Village of Tirur Taluk in Malappuram

District, has filed this 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 13 Ares 70.42 Square Metres of land comprised

in Survey Nos.183/6-22 and 183/6-34 of Tanalur Village of Tirur

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.P3 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. 20378 OF 2022

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

25.04.2022. 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. 20378 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.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. 20378 OF 2022

APPENDIX OF WP(C) 20378/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1006/2022 OF SRO TIRUR EXECUTED IN FAVOR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT WITH RESPECT TO THE PROPERTY DATED 25-04-

2022.

Exhibit P3 A TRUE COPY OF THE FORM 6 APPLICATION UNDER PROVISIONS OF ACT 28/2008 PRESENTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL