Sangeetha Norman vs 1. The Revenue Divisional Officer ...
2022 Latest Caselaw 10362 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 31523 OF 2022
PETITIONER

             SANGEETHA NORMAN
             AGED 63 YEARS
             ANTHIPOZHIYIL HOUSE, MANASSERI, THOPPUMPADI P.O, KOCHI,
             ERNAKULAM. DISTRICT, PIN - 682005
             BY ADV G.RENJITH


RESPONDENTS:

     1       1. THE REVENUE DIVISIONAL OFFICER FORT KOCHI
             FIRST FLOOR, KB JACOB RD, FORT KOCHI, KOCHI, KERALA ,
             PIN - 682001
     2       2. THE VILLAGE OFFICER, POONITHURA VILLAGE
             FIRST FLOOR, ROSY BAZAAR, SAHODARAN AYYAPPAN RD, VYTTILA,
             ERNAKULAM, KERALA , PIN - 682019
     3       3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN VYTILLA
             1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
             WEST SIDE OF VYTTILA JUNCTION, SA ROAD, &, MAHAKAVI
             VAILOPPILLI RD, KOCHI, KERALA , PIN - 682019
     4       4. THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
             KANAYANNUR TALUK,
             POONITHURA VILLAGE UNDER THE CONSERVATION OF PADDY LAND
             AND WETLAND ACT, 2008, REPRESENTED BY ITS CONVENER,
             THE AGRICULTURAL OFFICER, KRISHI BHAVAN VYTILLA,
             1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
             WEST SIDE OF VYTTILA JUNCTION, SA ROAD, &, MAHAKAVI
             VAILOPPILLI RD, KOCHI, KERALA., PIN - 682019



             SMT.VIDYA KURIAKOSE GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.31523 OF 2022
                                    2


                          JUDGMENT

Dated this the 7th day of October, 2022

The petitioner, who is owner of 4.62 Ares of

property in Poonithura Village of Kanayannur Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 1st respondent to consider Ext.P8 Form-6 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 4.62 Ares of land comprised in Survey No.334/1-288 in

Block No.1 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 petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P8 application in

Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.31523 OF 2022

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

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

10.05.2022. 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.31523 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 1st respondent-Revenue Divisional Officer to

consider Ext.P8 Form-6 application submitted by the petitioner 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.31523 OF 2022

APPENDIX OF WP(C) 31523/2022

PETITIONER EXHIBITS Exhibit P1 EXHIBIT P1: THE TRUE COPY OF THE SALE DEED Exhibit P2 EXHIBIT P2: THE TRUE COPY OF THE POSSESSION CERTIFICATE 6.5.2022 Exhibit P3 EXHIBIT P3: THE TRUE COPY OF THE TAX RECEIPT DATED 20.04.2022 Exhibit P4 EXHIBIT P4: THE TRUE COPY OF THE LOCATION SKETCH OF PROPERTY COMPRISED IN SY.NO.334/1 OF POONITHURA VILLAGE Exhibit P5 EXHIBIT P5: TRUE COPY OF THE REPORT OF THE ADDITIONAL THASILDAR, KANAYANNUR TALUK DATED 11.12.2015 Exhibit P6 EXHIBIT P6: TRUE COPY OF THE ORDER OF THE SUB COLLECTOR FORT KOCHI DATED 23.3.2022 Exhibit P7 EXHIBIT P7: TRUE COPY OF THE REPORT OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 18.5.2020 Exhibit P8 EXHIBIT P8: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 10.05.2022