Sholy K.A vs State Of Kerala
2023 Latest Caselaw 494 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. 600 OF 2023
PETITIONER:

         SHOLY K.A.
         AGED 53 YEARS
         KOOLIYADAN HOUSE, VELLANGALLUR P.O.,
         VADAKKUMKARA, THRISSUR., PIN - 680662

         BY ADVS.
         M.SREEKUMAR
         SAILAKSHMI S.S.


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         REVENUE DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695001
    2    REVENUE DIVISIONAL OFFICER, IRINJALAKKUDA
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         IRINJALAKKUDA NORTH P.O.,
         IRINJALAKKUDA., PIN - 680125

         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.600 of 2023

                               2




                           JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 2.51 Ares of property in

Block No.55 of Vadakkumkara Village of Mukundapuram

Taluk in Thrissur District, has filed the writ petition seeking to

direct the 2nd respondent-Revenue Divisional Officer to

consider Ext.P4 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 2.51 Ares of land comprised in Survey No.312/9-4 of Block

No.55 of Vadakkumkara Village of Mukundapuram Taluk in

Thrissur 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 Revenue records.

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 WP(C) No.600 of 2023

provisions of Rule 12(1) of the Kerala Conservation of Paddy

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

19.11.2022. 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.600 of 2023

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 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 2nd respondent-Revenue Divisional Officer to consider

and pass orders on Ext.P4 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 two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.600 of 2023

APPENDIX OF WP(C) 600/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO.4214/1/2008 OF SUB REGISTRY OFFICE, VADAKKUMKARA DATED 28.10.2008.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 04.04.2022 Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK OF VELLANGALLUR GRAMA PANCHAYATH DATED 27.10.2020 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 19.11.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4(a) TRUE COPY OF THE RECEIPT DATED 26.12.22 ISSUED FROM THE LAND REVENUE DEPARTMENT TOWARDS THE FILING OF EXT.P4 APPLICATION