Renjith Alappattu Georgekutty vs The State Of Kerala
2023 Latest Caselaw 710 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                          WP(C) NO. 442 OF 2023
PETITIONER

             RENJITH ALAPPATTU GEORGEKUTTY
             AGED 44 YEARS
             S/O LATE A M GEORGEKUTTY, RESIDING IN THE ADDRESS
             ALAPPATTU HOUSE, KELAMANGALAM P O , THAKAZHY ,
             ALAPPUZHA, PIN - 688562
             BY ADVS.
             APPU AJITH
             SHYNI DAS J.S.


RESPONDENTS:

     1       THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT ,
             DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
             THRIVANANTHAPURAM, PIN - 695001
     2       THE REVENUE DIVISIONAL OFFICER
             OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT KOCHI,
             FORT KOCHI, ERNAKULAM, PIN - 682301
     3       THE VILLAGE OFFICER
             OFFICE OF THE VILLAGE OFFICER THIKKAKARA NORTH,
             PADIVATTOM, ERNAKULAM, PIN - 682024

             SMT.DEEPA NARAYANAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.442 OF 2023
                                  2


                           JUDGMENT

Dated this the 12th day of January, 2023

The petitioner, who is owner of 2.79 Ares of property in

Thrikkakkara North Village of Kanayannur Taluk in Ernakulam

District, has filed this writ petition seeking to direct the 2nd

respondent to consider Ext.P5 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 2.79 Ares of land comprised in Survey Nos.468/13-2-2,

468/13-2-3, 468/14 and 468/14-2 of Thrikkakkara North Village

of Kanayannur 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 'Nilam' in

Revenue records.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P5 application in

Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.442 OF 2023

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

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

03.08.2022. 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.442 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

Ext.P5 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 three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.442 OF 2023

APPENDIX OF WP(C) 442/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 16/11/2011 Exhibit P2 A TRUE COPY OF THE TAX PAID RECEIPT ISSUED BY THE THRIKKAKARA NORTH VILLAGE OFFICER DATED 3.8.22 Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE THRIKKAKARA NORTH VILLAGE OFFICER DATED 3.8.22 Exhibit P4 A TRUE COPY OF THE APPLICATION STATUS OF THE APPLICATION NUMBER 50/2022/638077 DATED NIL Exhibit P5 A TRUE COPY OF THE FORM 6 APPLICATION DATED 03/08/2022