Satheedevi vs The District Collector
2022 Latest Caselaw 7452 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. 20654 OF 2022
PETITIONERS:

     1        SATHEEDEVI
              AGED 63 YEARS
              W/O. MURALEEDHARAN, AMMUKUTTY NIVAS 19/580 C,
              THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
              KOZHIKODE - 673002.
     2        MURALEEDHARAN,
              AGED 71 YEARS
              S/O. BHASKARA MENON, AMMUKUTTY NIVAS 19/580 C,
              THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
              KOZHIKODE - 673002.
     3        NISHANTH.A.M,
              AGED 37 YEARS
              S/O. MURALEEDHARAN, AMMUKUTTY NIVAS 19/580 C,
              THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
              KOZHIKODE - 673002.
     4        NIKHIL .A. M,
              AGED 34 YEARS
              S/O. MURALEEDHARAN, AMMUKUTTY NIVAS 19/580 C,
              THEKKEPATTUPARAMBU, PULPARMBA P.O., CHALAPPURAM,
              KOZHIKODE - 673002.
              BY ADVS.
              RENI JAMES
              BINIYAMIN K.S.
RESPONDENTS

    1         THE DISTRICT COLLECTOR
              CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
              KOZHIKODE - 673020.
    2         THE REVENUE DIVISIONAL OFFICER,
              KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
              WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE - 673020.
    3         THE TAHSILDAR,
              KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD,
              ERANHIPPALAM, KOZHIKODE - 673020.
 WP(C) NO. 20654 OF 2022
                                   2



    4          THE VILLAGE OFFICER,
               PANTHEERANKAVU VILLAGE OFFICE,
               PANTHEERANKAVU P.O., KOZHIKODE - 673019.


               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. 20654 OF 2022
                                   3




                             JUDGMENT

Dated this the 24th day of June, 2022

The petitioners, who are owners of 10 Ares and 93.12

Square Metres of property in Pantheerankavu Village of

Kozhikode Taluk in Kozhikode District, have filed this writ

petition seeking to direct the 2nd respondent to consider Ext.P3

Form-6 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 10 Ares and 93.12 Square Metres of land

comprised in Survey No.10/31 of Panthreerankavu Village of

Kozhikode Taluk in Kozhikode 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.

WP(C) NO. 20654 OF 2022

3. The petitioners want to use the land for other

purposes. Hence, the petitioners 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

22.04.2022. 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 WP(C) NO. 20654 OF 2022

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

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.P3 Form-6 application, if the same is WP(C) NO. 20654 OF 2022

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. 20654 OF 2022

APPENDIX OF WP(C) 20654/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.09.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE EXTRA ORDINARY GAZETTE PUBLISHED BY OLAVANNA GRAMA PANCHAYATH DATED 06.02.2021.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 22.04.2022.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 27.04.2022.