Kousallya vs State Of Kerala
2023 Latest Caselaw 1758 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          WP(C) NO.3261 OF 2023
PETITIONER :-

             KOUSALLYA, AGED 60 YEARS
             W/O.BHASKARAN, CHERIYANCHEERI HOUSE, ATHANIKAL,
             VELLUR P O, MALAPPURAM DISTRICT - 676 517.

             BY ADVS.
             VIJAY SANKAR V.H.
             RANJITH C.


RESPONDENTS :-

      1      STATE OF KERALA REPRESENTED BY
             THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT
             THIRUVANANTHAPURAM, PIN - 695 001

      2      DISTRICT COLLECTOR
             COLLECTORATE, CIVIL STATION,
             MALAPPURAM, MALAPPUARM DISTRICT - 676 505

      3      RDO TIRUR
             REVENUE DIVISIONAL OFFICE,
             TIRUR-THRIKANDIYOOR ROAD, TIRUR, KERALA - 676 101

      4      VILLAGE OFFICER
             VAZHAYUR VILLAGE OFFICE, VAZHAYUR,
             MALAPPURAM DISTRICT, PIN - 673 633

             SRI.APPU.P.S, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.02.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.3261 OF 2023

                                 -: 2 :-


                             JUDGMENT

Dated this the 1st day of February, 2023

This writ petition is filed seeking directions to the 3 rd

respondent to take up Ext.P3 submitted by the petitioner, consider

it and pass appropriate orders on the same within a short span of

time as this Hon'ble Court thinks fit in the interest of justice.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The learned Government Pleader raises a preliminary

objection that the Form 6 application produced by the petitioner is

only in respect of 19.9 Ares of property. It is submitted that Ext.P2

land tax receipt issued to the petitioner would show that the

petitioner has 24.48 Ares of property in her possession and that

22.06 Ares of said property is recorded as 'nilam'. It is, therefore,

submitted that the petitioner has to prefer an application under

Form 7 and not a truncated application under Form 6 in terms of

Section 27A of the Kerala Conservation of Paddy Land and Wetland

Act, 2008. Rule 12(1) of the Rules is relied on by the learned

Government Pleader to contend that where the properties of the

petitioner are comprised as one plot, such truncated applications

are not maintainable.

WP(C) NO.3261 OF 2023

4. The learned counsel for the petitioner submits that the

application submitted by the petitioner is pending from 12.3.2022

and that if the application had been rejected, the petitioner would

have filed a Form 7 application.

Having considered the contentions advanced, I see that

there is nothing to show that Form 6 application had been duly

received by the respondents. If the Form 6 application had been

duly received and is pending before the respondents, appropriate

orders shall be passed thereon. If the Form 6 application is not

received or has already been rejected, the petitioner shall make a

proper application in Form 7 which shall be considered and

disposed of in accordance with law, without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/4.2.2023 WP(C) NO.3261 OF 2023

APPENDIX OF WP(C) 3261/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE SALE DEED NO 73/2004 OF KONDOTTY SUB REGISTRAR OFFICE

Exhibit-P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 18/04/2022 ISSUED BY THE 4TH RESPONDENT

Exhibit-P3 A TRUE COPY OF THE FORM NO.6 APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 12/03/2022