Hamza vs Revenue Divisional Officer
2023 Latest Caselaw 9209 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                      WP(C) NO. 28117 OF 2023
PETITIONER:


            HAMZAAGED 55 YEARSTHANIKATE HOUSE, ANAPPADI,
            TRIPRANGODE.P.O., MALAPPURAM DISTRICT., PIN -
            676108

        BY ADVS.U.K.DEVIDASS.K.SREELAKSHMY


RESPONDENT:


            REVENUE DIVISIONAL OFFICERRDO OFFICE, TIRUR,
            TRIKANDIYUR ROAD, MALAPPURAM, PIN - 676101



            SMT.DEEPA NARAYANAN - SR.GP


     THIS     WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.08.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.28117/2023
                                       2




                          JUDGMENT

Dated this the 23rd day of August, 2023

The petitioner, who is owner of 10.62 Ares of property

in Tripangode Village of Tirur Taluk in Malappuram District, has

filed the writ petition seeking to direct the 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

10.62 Ares of land comprised in Survey No.215/11-2, 215/11-3-2

of Tripangode Village of Tirur 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 W.P.(C) No.28117/2023

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

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

07.07.2023. 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 respondent

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 respondent. W.P.(C) No.28117/2023

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 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 respondent-Revenue Divisional Officer to consider and pass

orders on 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 three months.

(sd/-)

N.NAGARESH, JUDGE

jsr/ W.P.(C) No.28117/2023

APPENDIX OF WP(C) 28117/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF BASIC TAX RECEIPT IN SURVEY NO.215/11-2 DATED 11.05.2023 ISSUED FROM THE VILLAGE OFFICE TRIPRANGODE

Exhibit P1(a) TRUE COPY OF BASIC TAX RECEIPT IN SURVEY NO.215/11-3-2 DATED 24.05.2023 ISSUED BY THE VILLAGE OFFICE, TRIPRANGODE.

Exhibit P2 TRUE COPY OF THE ORDER DATED 21.06.2023 PASSED BY THE RESPONDENT

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 07.07.2023 IN FORM NO.6 UNDER KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 SUBMITTED BY THE PETITIONER

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 07.07.2023 ISSUED BY THE TRIPRANGODE VILLAGE OFFICE