Rahiyanath vs Revenue Divisional Officer
2023 Latest Caselaw 945 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. 1502 OF 2023
PETITIONER:

              RAHIYANATH
              AGED 49 YEARS
              W/O. ABDUSSAMAD, EDASSERY HOUSE, THRIKKANDIYUR AMSOM,
              MUTHUR DESOM, P.O. TIRUR-1, TIRUR TALUK,
              MALAPPURAM DISTRICT, PIN - 676101
              BY ADVS.
              K.P.SHEREEF
              NABIL KHADER
              FARSEENA V.


RESPONDENT

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

              SMT.DEEPA NARAYANAN-SR.GP
     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.1502 OF 2023
                                       2


                          JUDGMENT

Dated this the 17th day of January, 2023

The petitioner, who is owner of 1.75 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 she is owner in possession

of 1.75 Ares of land comprised in Survey No.203/7-13-2 in

Block No.5 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.1502 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.1502 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 three months.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.1502 OF 2023

APPENDIX OF WP(C) 1502/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE JENM ASSIGNMENT DEED NO.2141 /1/2022 OF SRO TIRUR DATED 9-

06-2022 ExhibitP2 TRUE COPY OF THE LAND TAX RECEIPT FOR THE ABOVE PROPERTY DATED 24-08-2022 ExhibitP3 TRUE COPY OF THE SURVEY SKETCH OF THE PETITIONER'S LAND PREPARED BY QUALIFIED SURVEYOR DATED 05.11.2022 ExhibitP4 TRUE COPY OF THE FORM 6 PETITION NO. 23 2022/997799 DATED 5-12-2022 FILED BY THE PETITIONER BEFORE THE RESPONDENT ExhibitP5 TRUE COPY OF THE RECEIPT ISSUED THRIKKANDIYUR VILLAGE OFFICER ON 07.12.2022 RESPONDENT'S EXHIBITS : NIL