Achamma John vs State Of Kerala
2022 Latest Caselaw 10630 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                         WP(C) NO. 33499 OF 2022
PETITIONER

             ACHAMMA JOHN
             AGED 75 YEARS
             W/O. LATE JOHN, KURIAN 'KANDATHIL' HOUSE,
             UPPER MERIDIAN ROAD, KURAVANKONAM , TRIVANDRUM-695003
             BY ADV JOJU KYNADY


RESPONDENTS:

     1       STATE OF KERALA
             DEPARTMENT OF AGRICULTURE DEVELOPMENT AND FARMERS'
             WELFARE VIKAS BHAVAN,
             THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY
             [email protected]
     2       THE REVENUE DIVISIONAL OFFICER - FORT KOCHI,
             1ST FLOOR BASTION BUNGALOW, K.B. JACOB ROAD, FORT KOCHI,
             COCHIN - 682 001.
     3       THE AGRICULTURAL OFFICER
             KRISHI BHAVAN, CORPORATION ZONAL BUILDING, VYTILLA PO,
             COCHIN- 682019,
              [email protected]



             SMT.VIDYA KURIAKOSE GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.33499 OF 2022
                                      2


                           JUDGMENT

Dated this the 21st day of October, 2022

The petitioner, who is owner of 2.72 Ares of land in

Elamkulam Village of Kanayannur Taluk in Ernakulam District,

has filed this writ petition seeking to direct the 2nd respondent

to consider and pass orders on Ext.P5 application within a

time frame to be fixed by this Court.

2. The petitioner states that she is owner of 2.72 Ares

of land situated in Survey No.723/1-58 in Block No.1 of

Elamkulam Village, 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 included in

the Data Bank and is described as 'Nilam' in Revenue records

also.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P5 application in

Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.33499 OF 2022

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

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

11.08.2022. 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.33499 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 2nd respondent-Revenue Divisional Officer to

consider Ext.P5 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 four months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.33499 OF 2022

APPENDIX OF WP(C) 33499/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITIONERS TITLE DEED DATED 08.03.1985 Exhibit P2 TRUE COPY OF THE LATEST LAND TAX RECEIPT DATED 11.08.2022 Exhibit P3 PROPERTY TAX RECEIPTS DATED 11.04.2022 ISSUED BY THE COCHIN CORPORATION.

Exhibit P4 TRUE COPY OF REPORT DATED SEPTEMBER 2022 BY 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF PETITIONERS FROM 6 APPLICATION DATED 11.08.2022