Lonappan vs The District Collector
2022 Latest Caselaw 10478 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. 31640 OF 2022
PETITIONER

            LONAPPAN,
            AGED 64 YEARS
            S/O. VAREETH, VADAKKUMCHERI HOUSE, KUTTIKKAD
            P.O., PARIYARAM THRISSUR - 680724.

            BY ADV RENI JAMES

RESPONDENTS

    1       THE DISTRICT COLLECTOR,
            FIRST FLOOR, CIVIL STATION,
            AYYANTHOLE, THRISSUR - 680003.

    2       THE REVENUE DIVISIONAL OFFICER,
            IRINJALAKUDA REVENUE DIVISIONAL OFFICE,
            MINI CIVIL STATION, CHEMMANDA ROAD,
            IRINJALAKUDA - 680125.

    3       THE TAHSILDAR, CHALAKUDY TALUK OFFICE,
            3RD FLOOR, MUNICIPAL TOWN HALL COMPLEX MAIN ROAD,
            CHALAKUDY - 680307.

    4       THE VILLAGE OFFICER, PARIYARAM VILLAGE OFFICE,
            PARIYARAM, THRISSUR - 680721.



            SMT.DEEPA NARAYANAN SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   07.10.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.31640 of 2022          2
]

                          JUDGMENT

Dated this the 7th day of October, 2022

The petitioner, who is owner of 3.24 Ares of property in

Pariyaram Village of Chalakudy Taluk in Thrissur District, has

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 petitioner states that he is the owner in

possession of 3.24 Ares of land comprised in

Survey No.147/2-22 of Pariyaram Village of Chalakudy Taluk in

Thrissur 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

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

] 28.07.2022. 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.

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 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 2nd 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

smm/ 11.10.2022

]

APPENDIX OF WP(C) 31640/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01.07.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF PARIYARAM GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 BEFORE THE 2ND RESPONDENT DATED 28.07.2022.

Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 24.08.2022.