Veeran Haji K.K vs The Revenue Divisional Officer ...
2023 Latest Caselaw 7606 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                       WP(C) NO. 23000 OF 2023
PETITIONER:

            VEERAN HAJI K.K
            AGED 67 YEARS
            S/O. ABOOBACKER, KAPPADATHKUZHIYIL HOUSE,
            KODANGAD P.O, KONDOTTY TALUK,
            MALAPPURAM DISTRICT, PIN - 673642

            BY ADVS.
            P.SAMSUDIN
            MILAN RACHEL MATHEW
            NASRIN WAHAB



RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER PERINTHALMANNA
            OFFICE OF THE RDO PERINTHALMANNA, MINI CIVIL STATION,
            PERINTHALMANNA P.O, MALAPPURAM DISTRICT., PIN - 679322

    2       THE TAHSILDAR (LR )
            KONDOTTY TALUK, KONDOTTY P.O,
            MALAPPURAM DISTRICT, PIN - 673638

    3       THE VILLAGE OFFICER
            NEDIYIRUPPU VILLAGE,
            NEDIYIRUPPU P.O, KONDOTTY TALUK,
            MALAPPURAM DISTRICT, PIN - 673640

            BY ADV.SMT.SAROJINI K.G., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.23000/2023                        2




                                JUDGMENT

Dated this the 14th day of July, 2023

Petitioner has approached this Court seeking direction to the

first respondent - Revenue Divisional Officer - to consider and pass

orders on Ext.P5 application within a time frame to be fixed by this

Court.

2. Petitioner is the absolute owner in possession of 6.37

Ares of land comprised in re-survey No.39/16 and 39/20 of

Nediyiruppu Village in Kondotty Taluk, Malappuram District. The

property is purchased from the erstwhile owners in 1986. The

property was originally a paddy land as per the revenue records.

By the passage of time, the land and properties appurtenant

thereto are all covered as dry land.

3. Learned counsel for the petitioner submits that the

petitioner wants to use the land for other purposes. Petitioner filed

Ext.P5 application dated 02.07.2022 in Form 6 before the first

respondent. The application is not disposed of so far. Learned

counsel also submits that unless the application is considered

expeditiously, petitioner will be put to untold hardship and loss.

4. Learned Government Pleader opposes all the

contentions made by the petitioner in the Writ Petition, 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 respondents.

5. Heard the learned counsel for the petitioner and also the

learned Government Pleader.

6. 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. Petitioner has

invoked the statutory provision of Rule 12(1) of Rules, 2008, by

filing application in Form 6. The first respondent is bound to

consider the application and pass appropriate orders thereon.

In the facts and circumstances, this Writ Petition is disposed

of with a direction to the first respondent to consider Ext.P5

application and pass appropriate orders thereon, in accordance

with law, if the same is filed with all supporting documents and

requisite fee, within a period of three months from the date of

receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE csl

APPENDIX OF WP(C) 23000/2023

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE PURCHASE DEED DATED 09-10-1986

Exhibit-P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 04-04-2022

Exhibit-P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29-06-2022

Exhibit-P4 PHOTOGRAPH SHOWING THE PRESENT LIE AND NATURE OF THE LAND

Exhibit-P5 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 02-07-2022 SUBMITTED BEFORE THE 1ST RESPONDENT