A.K.Velayudhan vs State Of Kerala
2023 Latest Caselaw 335 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                      WP(C) NO. 824 OF 2023
PETITIONER:

          A.K.VELAYUDHAN
          AGED 74 YEARS
          S/O.KILIMAY(LATE),
          ANJANATTUMALIYIL HOUSE, KANJOOR.P.O,
          ERNAKULAM DISTRICT., PIN - 683575

          BY ADVS.
          AVANEESH KOYIKKARA
          M.G.AISHWARYA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001.

    2     KERALA STATE REMOTE SENSING AND
          ENVIRONMENT CENTER,
          1ST FLOOR, VIKAS BHAVAN,
          NEAR LEGISLATIVE ASSEMBLY,
          UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
          PMG, THIRUVANANTHAPURAM DISTRICT,
          REPRESENTED BY ITS DIRECTOR.,
          PIN - 695033.

    3     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE,
          FORT KOCHI,
          KB JACOB RD, FORT KOCHI,
          ERNAKULAM DISTRICT.,
          PIN - 682001.
                                        2

WP(C) No. 824 of 2023




      4        TAHSILDAR
               ALUVA TALUK OFFICE,
               MINI CIVIL STATION,
               CIVIL STATION ROAD,
               PERIYAR NAGAR, ALUVA,
               ERNAKULAM., PIN - 683101.

      5        VILLAGE OFFICER
               VILLAGE OFFICE, VADAKUMBHAGAM,
               ERNAKULAM DISTRICT.,
               PIN - 680732.

      6        AGRICULTURAL OFFICER
               KRISHI BHAVAN, KANJOOR ,
               ERNAKULAM DISTRICT.,
               PIN - 683575.

      7        LOCAL LEVEL MONITORING COMMITTEE
               (REPRESENTED BY ITS CONVENER
               AGRICULTURAL OFFICER)
               KRISHI BHAVAN, KANJOOR ,
               ERNAKULAM DISTRICT.,
               PIN - 683575.

               BY SMT.DEEPA NARAYANAN SR.GP.
                  SRI.S.VISHNU SC.



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2023,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                       3

WP(C) No. 824 of 2023




                              JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 9.72 Ares of property in

Vadakumbhagam Village of Aluva Taluk in Ernakulam District, has

filed the writ petition seeking to direct the 3 rd respondent-Revenue

Divisional Officer to consider Ext.P7 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

9.72 Ares of land comprised in Survey No.166/20 in Block No.28

of Vadakumbhagam Village of Aluva Taluk in Ernakulam 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

paddy land in Revenue records.

3. The petitioner wants to use the land for other purposes.

Hence, the petitioner filed Ext.P7 application in Form-6 before the

Revenue Divisional Officer, invoking the provisions of Rule 12(1)

WP(C) No. 824 of 2023

of the Kerala Conservation of Paddy Land and Wetland Rules,

2008. The application was filed on 27.09.2021. 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 petitioner states that the petitioner has approached

the District Collector invoking Clause 6(2) of the Kerala Land

Utilisation Order and the District collector has passed Ext.P6 order

permitting the petitioner to utilise the land for non-agricultural

purposes on a condition that the petitioner has to change the

nature of the land in Revenue records invoking Section 27 A of the

Kerala Conservation of Paddy Land and Wetland Act, 2008.

5. 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

WP(C) No. 824 of 2023

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.

6. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

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

but it has been described as paddy land 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 3rd respondent-Revenue Divisional Officer to consider and

pass orders on Ext.P7 Form-6 application submitted by the

WP(C) No. 824 of 2023

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 two months. If

the Revenue Division Officer insists, the petitioner shall make an

application online.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 824 of 2023

APPENDIX OF WP(C) 824/2023

PETITIONER'S EXHIBITS Exhibit P1 A COPY OF THE TAX RECEIPT DATED 07.04.2022 ISSUED BY THE VADAKUMBHAGAM VILLAGE OFFICE.

Exhibit P2 A COPY OF POSSESSION CERTIFICATE DATED 01.04.2022 ISSUED BY THE VADAKUMBHAGAM VILLAGE OFFICE.

Exhibit P3 A COPY OF THE JUDGMENT DATED 19.06.2018 IN WPC 20179/2018.

Exhibit P4 A COPY OF KSREC REPORT DATED 22.09.2018. Exhibit P5 A COPY OF THE DECISION TAKEN BY LLMC DATED 05.07.2018.

Exhibit P6 A COPY OF ORDER NO.L15-13315/18 DATED 06.03.2019.

Exhibit P7 THE TRUE COPY OF FORM.6 APPLICATION DATED 27.09.2021, FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P7(a) A COPY OF THE FEE PAYMENT CHALLAN DATED 25.09.2021.