Cicily K.J vs State Of Kerala
2022 Latest Caselaw 7433 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20550 OF 2022
PETITIONERS:

     1      CICILY K.J
            AGED 61 YEARS
            W/O.VARGHESE, POONATH HOUSE,
            SOUTH THORAVU, PUTHUKKAD P.O., THRISSUR-680301.
     2      P.O.JOY,
            AGED 59 YEARS
            S/O.OUSEPH, POONATH HOUSE, CHENGALLUR,
            CHENGALLUR P.O., THRISSUR-680312.
            BY ADVS.
            M.SREEKUMAR
            S.S.SAILAKSHMI


RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
     2      REVENUE DIVISIONAL OFFICER,
            IRINJALAKKUDA,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER,
            IRINJALAKKUDA NORTH P.O., IRINJALAKKUDA-680125.


            SR.GP. : SYAMANTHAK B


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20550 OF 2022

                                2


                             JUDGMENT

Dated this the 24th day of June, 2022

The petitioners, who are owners of 4.45 Ares of land in

Thoravu Village of Mukundapuram Taluk in Thrissur District,

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

to consider Ext.P4 application and to pass orders thereon,

within a time frame to be fixed by this Court.

2. The petitioners state that they are owners in

possession of 4.45 Ares of land comprised in Survey No.326/2-6

of Thoravu Village of Mukundapuram Taluk in Thrissur 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 petitioners want to use the land for other

purposes. Hence, the petitioners filed Ext.P4 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. 20550 OF 2022

04.06.2022. The application has not been considered so far.

Unless the application is considered expeditiously, the

petitioners will be put to untold hardship and loss, contend the

petitioners.

4. The Government Pleader representing the

respondents resisted the writ petition. The Government Pleader

controverted all material allegations made by the petitioners, in

the writ petition. The Government Pleader, however, submitted

that since the petitioners have invoked a statutory remedy

under the provisions of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008, the application submitted by the

petitioners 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 petitioners and the

learned Government Pleader representing the respondents.

6. The property of the petitioners is said to be a dry

land, but it has been described as paddy land in Revenue WP(C) NO. 20550 OF 2022

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

petitioners have 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.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 spk WP(C) NO. 20550 OF 2022

APPENDIX OF WP(C) 20550/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO.81/1/2019 OF SUB REGISTRY OFFICE, NELLAYI DATED 17.1.2019.

Exhibit P2 TRUE COPY OF TAX RECEIPT NO.KL08032701201/2022 DATED 27.4.2022 ISSUED TO THE PETITIONERS.

Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF DATA BANK OF PUTHUKKAD GRAMA PANCHAYAT PUBLISHED ON 17.12.2020 Exhibit P4 TRUE COPY OF APPLICATION DATED 4.6.2022 FILED BY PETITIONERS BEFORE THE 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF RECEIPT DATED 7.6.2022 ISSUED FROM LAND REVENUE DEPARTMENT TOWARDS FILING OF EXT.P4.

RESPONDENT'S/S EXHIBITS : NIL