Abdu Salam vs District Collector
2023 Latest Caselaw 1298 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. 1389 OF 2023
PETITIONER:
          ABDU SALAM
          AGED 53 YEARS
          S/O MUHAMMED,
          KANDENGAL HOUSE,
          VENNIYUR P.O,
          THIRURANGADI,
          MALAPPURAM, PIN - 676508

         BY ADV BEN TOM


RESPONDENTS:
    1     DISTRICT COLLECTOR
          MALAPPURAM, CIVIL STATION,
          MALAPPURAM, KERALA, PIN - 676605
    2     REVENU DIVISIONAL OFFICER
          TIRUR, RDO OFFICE, TIRUR,
          MALAPPURAM, KERALA, PIN - 676101
    3     TAHSILDAR
          TIRUR, TIRUR TALUK OFFICE,
          TIRUR MINI CIVIL STATION BUILDING,
          TIRUR,
          MALAPPURAM, KERALA, PIN - 676101
    4     VILLAGE OFFICER
          TIRUR, TIRUR VILLAGE OFFICE,
          TIRUR, CHEMBRA,
          MALAPPURAM, KERALA, PIN - 676101
    5     LOCAL LEVEL MONITORING COMMITTEE
          TIRUR, REPRESENTED BY ITS CONVENOR,
          AGRICULTURAL OFFICER,
          KRISHIBHAVAN, TIRUR,
          MALAPPURAM, KERALA, 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.1389 of 2023
                                  :2 :



                          JUDGMENT

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

Dated this the 18th day of January, 2023

The petitioner is owner of 5.32 Ares of land in Block

No.3 of Tirur Village of Tirur Taluk in Malappuram District, has

filed this writ petition seeking to direct the 2 nd 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 5.32

Ares of land in Survey No.68/2-12 of Block No.3 of Tirur 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 'Nanja' 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 WP(C) No.1389 of 2023

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

09.05.2022. 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. WP(C) No.1389 of 2023

6. The property of the petitioner is said to be a dry land,

but it has been described as 'Nanja', 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 directing the

4th respondent-Village Officer to submit a report on Ext.P3

Form-6 application filed by the petitioner to the 2nd respondent-

Revenue Divisional Officer within a period of one month. The

2nd respondent-Revenue Divisional Officer shall pass final

orders on Ext.P3 Form-6 application submitted by the petitioner

within a further period of one month.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.1389 of 2023

APPENDIX OF WP(C) 1389/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 09.05.2022.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED ON 19.01.2021.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 09.05.2022.