Amina vs State Of Kerala
2023 Latest Caselaw 451 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. 48 OF 2023
PETITIONER

             AMINA
             AGED 54 YEARS
             D/O. MOIDEEN @ KUNJAVA HAJI, RESIDING AT
             CHAKKALAPARAMBIL HOUSE, THIRUNAVAYA AMSOM,
             EDAKULAM DESOM, THIRUNAVAYA P.O,
             TIRUR TALUK, MALAPPURAM DISTRICT,
             PIN - 676301

             BY ADV P.T.SHEEJISH

RESPONDENT/S:

    1        STATE OF KERALA
             REPRESENTED BY SECRETARY,
             SECRETARIAT, DEPARTMENT OF AGRICULTURE,
             THIRUVANANTHAPURAM DISTRICT,
             PIN - 695001

    2        THE DISTRICT COLLECTOR
             COLLECTORATE, UP HILL, MALAPPURAM,
             MALAPPURAM DISTRICT, PIN - 676504

    3        THE REVENUE DIVISIONAL OFFICER
             CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
             MALAPPURAM DISTRICT, PIN - 676101

    4        THAHSILDAR
             TALUK OFFICE, TIRUR,
             MALAPPURAM DISTRICT, PIN - 676101

    5        TALUK SURVEYOR
             TALUK OFFICE, TIRUR,
             MALAPPURAM DISTRICT,, PIN - 676101
 WP(C) No. 48 of 2023
                                    2


     6          THE VILLAGE OFFICER
                THIRUNAVAYA VILLAGE OFFICE, MALAPPURAM DISTRICT,
                KERALA, PIN - 676301
     7          AGRICULTURAL OFFICER
                CONVENOR OF LOCAL LEVEL MONITORING COMMITTEE,
                KRISHI BHAVAN, THIRUNNAVAYA., P.O -
                THIRUNNAVAYA, MALAPPURAM DISTRICT,
                 PIN - 676301

                BY SMT. DEEPA NARAYANAN    SR. GOVERNMENT PLEADER


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   11.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 48 of 2023
                                     3



                            JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 2.63 Ares of property in

Thirunavaya Village of Tirur Taluk in Malappuram District, has

filed this writ petition seeking to direct the 3 rd respondent to

consider Ext.P2(a) 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 2.63 Ares of land comprised in Re-Survey

No.396/9-4 of Thirunavaya Village of Tirur Taluk in

Malappuram 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 'Nelvayal' in Revenue

records.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P2(a) 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. 48 of 2023

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

08.12.2022. 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. 48 of 2023

6. 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 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.P2(a) 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 three months.

Sd/-

N. NAGARESH, JUDGE smm WP(C) No. 48 of 2023

APPENDIX OF WP(C) 48/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 17.01.2022 ISSUED BY THE 6TH RESPONDENTS COPY OF THE RELEVANT PAGES OF FORM 6 EXT.P2 APLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 8.12.2022

EXT.P2(a) COPY OF FORM 6 FILED BY THE PETITIONER ONLINE DATED 9.12.2022

EXT.P3 COPY OF THE FEES RECEIPT PAID BY THE PETITIONER FOR FORM 6 APPLICATION.