Sumesh vs Revenue Divisional Officer
2022 Latest Caselaw 7711 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
       TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                          WP(C) NO. 20958 OF 2022
PETITIONER:

              SUMESH
              S/O.KUMARAN, VALANTHARAYIL HOUSE, KANJIRAMUKKU P.O.,
              MALAPPURAM DISTRICT - 679 584.
              BY ADVS.
              U.K.DEVIDAS
              REMYA MURALI


RESPONDENT:

              REVENUE DIVISIONAL OFFICER
              RDO OFFICE, TIRUR, TRIKANDIYUR ROAD,
              MALAPPURAM DISTRICT - 676 101.

              SRI. SYAMANTHAK - GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20958 OF 2022
                                      2


                          JUDGMENT

Dated this the 28th day of June, 2022

The petitioner, who is owner of 2.98 Ares of property in

Maranchery Village of Ponnani Taluk in Malappuram District,

has filed this writ petition seeking to direct the 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 petitioner states that he is owner in possession

of 2.98 Ares of land comprised in Survey No.136/1-7 of

Maranchery Village of Ponnani 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.20958 OF 2022

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

07.03.2022. 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

respondent 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 respondent. WP(C) NO.20958 OF 2022

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

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 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 hmh WP(C) NO.20958 OF 2022

APPENDIX OF WP(C) 20958/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 07/02/2022 ISSUED BY VILLAGE OFFICER, MARANCHERY.

Exhibit P2 TRUE COPY OF RELEVANT PAGE OF THE DATA BANK WITH RESPECT TO THE PROPERTY OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 07/03/2022 IN FORM NO.6 UNDER THE KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 07/03/2022 BY THE VILLAGE OFFICE, MARANCHERY.