Salahudeen vs The District Collector
2023 Latest Caselaw 8277 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                      WP(C) NO. 24833 OF 2023
PETITIONER:
             SALAHUDEEN
             AGED 40 YEARS
             S/O MOOSA HAJI, KUNNATH HOUSE, 474, PERINGAVE,
             PUTHUKODE, MALAPPURAM, PIN - 673 633.

             BY ADVS.
                  DEVAPRASANTH.P.J.
                  ANAKHA UNNI
                  SMINI JOSE

RESPONDENTS:
      1      THE DISTRICT COLLECTOR
             COLLECTRATE ROAD, UP HILL, MALAPPURAM,
             PIN - 676 505.

      2      THE REVENUE DIVISIONAL OFFICER
             PERINTHALMANNA REVENUE DIVISIONAL OFFICE, SHORNUR-
             PERINTHALMANNA ROAD, SHANTI NAGAR, PERINTHALMANNA,
             MALAPPURAM, PIN - 679 322.

      3      THE TAHSILDAR
             KONDOTTY TALUK OFFICE, KONDOTTY, MALAPPURAM,
             PIN - 673 638.

      4      THE VILLAGE OFFICER
             VAZHAYOOR VILLAGE OFFICE, KAKKOVE TOWN, VAZHAYOOR
             P.O, MALAPPURAM, PIN - 673 634.

             BY ADV
                  SMT.DEEPA N-SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.24833 of 2023
                                   2

                              JUDGMENT

Dated this the 1st day of August, 2023

The petitioner, who is owner of 18.42 Ares of property in

Block No.6 of Vazhayoor Village of Kondotty Taluk in Malappuram

District, has filed the writ petition seeking to direct the

2nd respondent-Revenue Divisional Officer 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 owner in possession of

18.42 Ares of land comprised in Survey No.347/6-2 of Vazhayoor

Village of Kondotty 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 '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 Land and Wetland Rules, 2008. WP(C) No.24833 of 2023

The application was filed on 02.09.2022. 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 'Nilam' in Revenue records. Rule 12(1) of

the Kerala Conservation of Paddy Land and Wetland Rules, 2008 WP(C) No.24833 of 2023

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 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 AMR WP(C) No.24833 of 2023

APPENDIX OF WP(C) 24833/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.07.2022 OF VAZHAYOOR VILLAGE.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE RELEVANT PAGE OF THE PUBLISHED DATA BANK ISSUED BY AGRICULTURAL OFFICER OF THE CHERUKAVU GRAMA PANCHAYATH.

Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 02.09.2022.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 02.09.2022.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC 8653/2023 DATED 14.03.2023.