Saheem M vs Revenue Divisional Officer
2023 Latest Caselaw 1261 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                     WP(C) NO. 1693 OF 2023
PETITIONER:

         SAHEEM M
         AGED 42 YEARS
         S/O. HAMZA M.,
         MAMMAKKANAKATH HOUSE,
         KANNAMKULAM,
         THALAKKAD P.O.,
         PUTHIYANGADI,
         MALAPPURAM DISTRICT, PIN - 676102

         BY ADV U.K.DEVIDAS


RESPONDENT:

         REVENUE DIVISIONAL OFFICER
         RDO OFFICE,
         TIRUR,
         TRIKANDIYUR ROAD,
         MALAPPURAM DISTRICT, PIN - 676101

         BY SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 18.01.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1693 of 2023
                                  :2 :




                          JUDGMENT

-----------------------

Dated this the 18th day of January, 2023

The petitioner, who is owner of 10.404 Ares of land

in Block No.9 of Thalakkad Village of Tirur Taluk in

Malappuram District, has filed this writ petition seeking to direct

the 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 of 10.404

Ares of land in Survey No.214/1 of Block No.9 of Thalakkad

Village of Tirur Taluk in Malappuram District. The land is a

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 WP(C) No.1693 of 2023

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

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

22.09.2021. 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. WP(C) No.1693 of 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

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, 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 two months.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.1693 of 2023

APPENDIX OF WP(C) 1693/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 19.07.2022 ISSUED BY THE VILLAGE OFFICER, THALAKKAD.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK IN RESPECT OF THE PETITIONER'S PROPERTY.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 22.09.2021 IN FORM NO.6 UNDER THE ACT, 2008 SUBMITTED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 22.09.2021 SENT BY RESPONDENT TO THE VILLAGE OFFICER, THALAKKAD WITHOUT ANNEXURES.