Lakshmi Sudheendran vs The Revenue Divisional Officer
2022 Latest Caselaw 10432 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. 31611 OF 2022
PETITIONER

             LAKSHMI SUDHEENDRAN
             AGED 43 YEARS
             D/O.K.SUDHEENDRAN, THIDUNNAYIL HOUSE, VYTTILA P.O.,
             ERNAKULAM, PIN - 682 019.
             BY ADV C.K.SHERIN


RESPONDENTS:

     1       THE REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, KB JACOB ROAD, FORT KOCHI,
             PIN - 682 001.
     2       THE LOCAL LEVEL MONITORING COMMITTEE
             REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, VYTTILA, PIN - 682 019.

             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.31611 OF 2022
                                    2


                          JUDGMENT

Dated this the 7th day of October, 2022

The petitioner, who is owner of 6.07 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.P3 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 6.07 Ares of land comprised in Survey No.810/1-9 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 'Nilam' 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.31611 OF 2022

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

28.04.2021. 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.31611 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.P3 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 two months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.31611 OF 2022

APPENDIX OF WP(C) 31611/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.56894023 DATED 16/07/2021 ISSUED FROM THE POONITHURA VILLAGE OFFICE TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.KL07022006959/2021 DATED 05/07/2021. Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 28/04/2021 SUBMITTED BY THE PETITIONER ALONG WITH RECEIPT.

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS DATED 29/04/2022 ISSUED BY THE 1ST RESPONDENT.