Dr. Barshad Annethattil vs The Revenue Divisional Officer
2023 Latest Caselaw 943 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                          WP(C) NO. 1535 OF 2023
PETITIONER

              DR. BARSHAD ANNETHATTIL
              AGED 45 YEARS
              S/O. MUHAMMEDALI,
              AGED 45 YEARS, MARVA, CHENNAMANGALLOR,
              KOZHIKODE DISTRICT
              PIN - 673602
              BY ADV K.RAKESH


RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              KOZHIKKODE, KOZHIKKODE DISTRICT
              PIN - 673001
     2        THE VILLAGE OFFICER
              KOTTOOLI VILLAGE, KOZHIKODE DISTRICT, PIN - 673106
     3        THE LOCAL LEVEL MONITORING COMMITTEE
              REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
              KRISHI BHAVAN,
              KOTTOOLI VILLAGE , KOZHIKKODE DISTRICT
              PIN - 673106
              SMT.VIDYA KURIAKOSE GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.1535 OF 2023
                                    2




                          JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is co-owner of 14.57 Cents of property

in Kottooli Village of Kozhikode Taluk in Kozhikode District, has

filed this writ petition seeking to direct the 1st respondent to

consider Ext.P3 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 co-owner of 14.57

Cents of land comprised in Survey No.18/53 in Block No.1 of

Kottooli Village of Kozhikode Taluk in Kozhikode 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.P3 application in

Form-6 before the Revenue Divisional Officer, invoking the WP(C) NO.1535 OF 2023

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

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

03.01.2023. 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.1535 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 1st respondent-Revenue Divisional Officer to

consider Ext.P3 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.1535 OF 2023

APPENDIX OF WP(C) 1535/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATED DATED 29-12-2022 ISSUED BY THE VILLAGE OFFICER, KOTTOOLI Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED IN KOTTOOLI VILLAGE Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM NO.6 SEEKING PERMISSION UNDER SECTION 27A OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 SUBMITTED BY THE PETITIONER AND HIS BROTHER BEFORE THE 1ST RESPONDENT DATED 3-1-2023 RESPONDENT'S EXHIBITS : NIL