Najibunnissa vs State Of Kerala
2022 Latest Caselaw 10926 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                       WP(C) NO. 35219 OF 2022
PETITIONER:

            NAJIBUNNISSA,
            D/O MOIDEEN, CHAKKALIPARAMBIL, EDAKKULAM,
            THIRUNNAVAYA, TIRUR TALUK, MALAPPURAM DISTRICT.
            BY ADV P.T.SHEEJISH
RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY SECRETARY, SECRETARIAT,
            DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM
            PIN - 695001.
    2       THE DISTRICT COLLECTOR,
            COLLECTORATE, UP HILL, MALAPPURAM,
            MALAPPURAM DISTRICT, PIN- 676504.
    3       THE REVENUE DIVISIONAL OFFICER,
            CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
            MALAPPURAM DISTRICT, PIN - 676101.
    4       THAHSILDAR, TALUK OFFICE, TIRUR,
            MALAPPURAM DISTRICT, PIN- 676101.
    5       TALUK SURVEYOR, TALUK OFFICE,
            TIRUR, MALAPPURAM DISTRICT, PIN- 676101.
    6       THE VILLAGE OFFICER, THIRUNAVAYA VILLAGE OFFICE,
            MALAPPURAM DISTRICT, KERALA, -676301.
    7       AGRICULTURAL OFFICER,
            CONVENOR OF LOCAL LEVEL MONITORING COMMITTEE,
            THIRUNAVAYA PANCHAYATH, TIRUR TALUK,
            MALAPPURAM DISTRICT, KERALA, PIN -676108.
            SMT.VIDYA KURIAKOSE GP
    THIS      WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON     03.11.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.35219 OF 2022

                              2


                           JUDGMENT

Dated this the 3rd day of November, 2022

The petitioner, who is owner of 2.32 Ares of property in

Block No.2 of Thirunavaya Village of Tirur Taluk in

Malappuram District, has filed the writ petition seeking to

direct the 3rd respondent-Revenue Divisional Officer to

consider Ext.P2 application and to pass orders thereon, within

a time frame to be fixed by this Court.

2. The petitioner states that she is owner in

possession of 2.32 Ares of land comprised in Survey

No.396/9-3 of Block No.2 of Thirunavaya 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.P2 application in

Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.35219 OF 2022

provisions of Rule 12(1) of the Kerala Conservation of Paddy

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

26.10.2022. 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. WP(C) NO.35219 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 3rd respondent-Revenue Divisional Officer to consider

and pass orders on Ext.P2 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.35219 OF 2022

APPENDIX OF WP(C) 35219/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 19.08.2022 ISSUED BY THE 6TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 26.10.2022.

Exhibit P2 B THE TRUE COPY OF THE RELEVANT PAGES OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 27.10.2022 Exhibit P3 TRUE COPY OF THE STATUTORY FEES REMITTANCE RECEIPT MADE BY THE PETITIONER. DATED 26/10/2022.

RESPONDENT'S/S EXHIBITS : NIL