Soumya.A vs Revenue Divisional Officer
2023 Latest Caselaw 1263 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. 1666 OF 2023
PETITIONER:

         SOUMYA.A
         AGED 35 YEARS
         W/O ANEESH,
         KANICHERIL BANGLOW
         PUTHENCHANTHA P.O,
         PANMANA
         CHAVARA,
         KOLLAM, PIN - 691583

         BY ADVS.
         V.SREEJITH (K/1398/2000)
         PARVATHY PRASANNAN
         THOMAS JOHN MORRIS
         KALYANI BALACHANDRAN
         SAKEENA BEEGUM


RESPONDENT:

         REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         KOLLAM, PIN - 691013

         BY SMT.DEEPA NARAYANAN, SENIOR 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.1666 of 2023
                                  :2 :




                          JUDGMENT

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

Dated this the 18th day of January, 2023

The petitioner, who is owner in possession of 4.35

Ares of land in Block No.18 of Panmana Village of

Karunagapally Taluk in Kollam 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 she is the owner in

possession of 4.35 Ares of land comprised in Survey No.551/6-

2 of Block No.18 of Panmana Village of Karunagapally Taluk in

Kollam 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' land in Revenue records. WP(C) No.1666 of 2023

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. The application was filed on

19.02.2022. 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 Senior Government Pleader representing the

respondent resisted the writ petition. The Senior Government

Pleader controverted all material allegations made by the

petitioner, in the writ petition. The Senior 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 WP(C) No.1666 of 2023

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 Senior Government Pleader representing the

respondent.

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 WP(C) No.1666 of 2023

paying prescribed fee, if any, and to pass orders thereon in

accordance with law, within a period of one month.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.1666 of 2023

APPENDIX OF WP(C) 1666/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF SALE DEED NO.650/I/17 DATED 27.03.2017 OF CHAVARA SUB REGISTER OFFICE.

EXHIBIT P2              TRUE   COPY   OF   TAX    RECEIPT   DATED
                        14.10.2022   ISSUED    BY   THE   VILLAGE
                        OFFICER PANMANA VILLAGE OFFICE.
EXHIBIT P3              TRUE COPY OF FORM-6 APPLICATION DATED

19.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.