Mohammed Farooq vs Revenue Divisional Officer
2023 Latest Caselaw 461 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. 788 OF 2023
PETITIONER

             MOHAMMED FAROOQ
             AGED 53 YEARS
             S/O. ADUVANNI MOIDEENKUTTY, ADUVANNI HOUSE, PO. PUTHOOR,
             PUTHOOR AMSOM DESOM, OTHUKKUNGAL VILLAGE,
             TIRURANGADI TALUK, MALAPPURAM DISTRICT., PIN - 676503
             BY ADVS.
             K.P.SHEREEF
             NABIL KHADER
             FARSEENA V.


RESPONDENT

             REVENUE DIVISIONAL OFFICER
             TIRUR, P.O. TIRUR, MALAPPURAM DISTRICT, KERALA.,
             PIN - 676101

             SMT.DEEPA NARAYANAN-SR.GP
     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.788 OF 2023
                                     2


                          JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 4.92 Ares of property in

Thrikkandiyur Village of Tirur Taluk in Malappuram District, has

filed this writ petition seeking to direct the respondent to

consider Ext.P4 Form-6 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 4.92 Ares of land comprised in Survey Nos.203/7-13-3,

204/4-3-3 and 204/4-4-3 of Thrikkandiyur 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 'Nilam' in Basic Tax Register.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P4 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.788 OF 2023

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

05.12.2022. 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

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.788 OF 2023

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

but it has been described as 'Nilam', in Basic Tax Register.

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 respondent-Revenue Divisional Officer to

consider Ext.P4 Form-6 application submitted by the 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.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.788 OF 2023

APPENDIX OF WP(C) 788/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE JENM ASSIGNMENT DEED NO. 2140/I/2022 OF SRO, TIRUR DATED 09/06/2022 ExhibitP2 TRUE COPY OF THE LAND TAX RECEIPT FOR THE PROPERTY DATED 24/08/2022 ExhibitP3 TRUE COPY OF THE SKETCH OF THE PETITIONER'S LAND PRWPARED BY QUALIFIED SURVEYOR DATED 05/11/2022 ExhibitP4 TRUE COPY OF THE FORM 6 PETITION NO.

24/2022/997799 DATED 05/12/2022 FILED BY THE PETITIONER BEFORE THE RESPONDENT ExhibitP5 TRUE COPY OF THE RECEIPT ISSUED BY THE THRIKKADIYOOR VILLAGE OFFICER DATED 03/01/2023