Aboobacker Siddiq vs State Of Kerala
2023 Latest Caselaw 499 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. 117 OF 2023
PETITIONER:

              ABOOBACKER SIDDIQ
              S/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
RESPONDENTS:

     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        TAHSILDAR, TALUK OFFICE, TIRUR,
              MALAPPURAM DISTRICT, PIN - 676101
     5        TALUK SURVEYOR, TALUK OFFICE, TIRUR,
              MALAPPURAM DISTRICT, PIN - 676101
     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 ADV SMT.VIDYA KURIAKOSE 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.117 of 2023

                               2


                           JUDGMENT

Dated this the 11th day of January, 2023

The petitioner, who is owner of 2.37 Ares of property in

Block No.2 of Thirunavaya Village of Tirur Taluk in

Malappuram District, has filed the writ petition seeking to

direct the 3rd respondent-Revenue Divisional Officer 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 he is owner in possession

of 2.37 Ares of land comprised in Survey No.396/3-19 of

Block No.2 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 paddy land 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 WP(C) No.117 of 2023

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

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

09.12.2022. 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.117 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 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.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 spk WP(C) No.117 of 2023

APPENDIX OF WP(C) 117/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 6TH RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 08.09.2022.

Exhibit P2(a) TRUE COPY OF THAT FORM 6 FILED BY THE PETITIONER ONLINE DATED 09.12.2022. Exhibit P3 TRUE COPY OF THE FEES RECEIPT PAID BY THE PETITIONER FOR FORM 6 APPLICATION