Rajeev T.R vs State Of Kerala Represented By Its ...
2022 Latest Caselaw 7781 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. 17471 OF 2022
PETITIONERS:
    1    RAJEEV T.R
         AGED 59 YEARS
         THAMMANATH HOUSE, THEKKUMBHAGAM DESAM,
         THEKKUMBHAGAM VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682301
    2    JAYALAKSHMI K.M
         AGED 50 YEARS, W/O. RAJEEV. T.R
         THAMMANATH HOUSE, THEKKUMBHAGAM DESAM,
         THEKKUMBHAGAM VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682301
         BY ADVS.
         M.G.SREEJITH
         LUKE J CHIRAYIL
         VIDYAJITH M.
         DEJOHN P. ANTONY
RESPONDENTS
    1     STATE OF KERALA REPRESENTED BY ITS SECRETARY
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE RDO, FIRST FLOOR, K.B.JACOB ROAD,
          FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
    3     THE TAHSILDHAR
          TALUK OFFICE, KANAYANNUR, NEAR SUBHASH PARK,
          MARINE DRIVE, KOCHI, ERNAKULAM DISTRICT, PIN -
          682011
    4     THE VILLAGE OFFICER
          OFFICE OF THE VILLAGE, POONITHURA, ERNAKULAM
          DISTRICT, KERALA, PIN - 682038
    5     THE AGRICULTURAL OFFICER
          KRISHI BHAVAN, VYTTILA , ERNAKULAM DISTRICT,
          PIN - 682019
          SMT. SURYA BINOY B.(SR. GP)
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17471 of 2022        :2:




                       JUDGMENT

Dated this the 28th day of June, 2022

The petitioners, who are husband and wife and

are owners of 2.84 Ares of property in Poonithura Village of

Kanayannur Taluk in Ernakulam District, have 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 petitioners state that they are owners in

possession of 2.84 Ares of land comprised in Survey

No.1334/2-9 of Poonithura Village of Kanayannur 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 petitioners want to use the land for other

purposes. Hence, the petitioners filed Ext.P3 application in

Form-9 before the Revenue Divisional Officer, invoking the

provisions of Rule 12(13) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. The application was

filed on 20.12.2021. The application has not been

considered so far. Unless the application is considered

expeditiously, the petitioners 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, pointed out that it is not clear whether the land is

included in the Land Data Bank and if it is included, whether

the petitioners have submitted application under Form-5 for

removing the land from the Data Bank. This Court is of the

view that this is a matter to be considered by the 2 nd

respondent at the time of disposal of Form 9 application. 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

records. Rule 12(13) 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 Rule 12(13) of the

Rules, 2008 by filing application in Form-9. 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-9 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 four months.

Sd/-

N. NAGARESH, JUDGE smm/30.06.2022

APPENDIX OF WP(C) 17471/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF POSSESSION CERTIFICATE DATED 11-11-2021 ISSUED BY THE 4TH RESPONDENT Exhibit-P2 TRUE COPY OF TAX RECEIPT DATED 01-11-

2021 ISSUED BY THE 4TH RESPONDENT Exhibit-P3 TRUE COPY OF APPLICATION IN FORM NO.9 DATED 20-12-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit4 TRUE COPY OF POSTAL RECEIPT DATED 21-

01-2022