Asees vs Revenue Divisional Officer
2023 Latest Caselaw 5814 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                      WP(C) NO. 16509 OF 2023
PETITIONER:

             ASEES
             AGED 68 YEARS
             S/O. ALI HAJI, KARAKKADAN HOUSE, VELAVANNUR,
             CHERUVANNUR, PARAMMAL ANGADI.P.O., MALAPPURAM
             DISTRICT, PIN - 676 551.

             BY ADV U.K.DEVIDAS


RESPONDENT:

             REVENUE DIVISIONAL OFFICER
             RDO OFFICE, TIRUR, TRIKANDIYUR ROAD, MALAPPURAM
             DISTRICT, PIN - 676 101.


OTHER PRESENT:

             devisree.r- g.p


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.05.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.16509 of 2023               2



                            JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 6.47 Ares of property in

Block No.3 of Valavannur Village of Tirur Taluk in Malappuram

District, has filed the writ petition seeking to direct the respondent-

Revenue Divisional Officer to consider Ext.P3 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

6.47 Ares of property in Block No.3 of Valavannur 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 'Nanja' 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 provisions of Rule 12(1) of

the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

The application was filed on 15.05.2023. 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.

6. The property of the petitioner is said to be a dry land, but

it has been described as Nanja 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 respondent-Revenue Divisional Officer to consider and pass

orders on Ext.P3 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 AMR

APPENDIX OF WP(C) 16509/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 13.05.2023 ISSUED BY THE VILLAGE OFFICER, VALAVANNUR VILLAGE.

Exhibit P2 TRUE COPY OF THE ORDER NO. F5-3292/2022 DATED 27.09.2022 PASSED BY THE RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 15.05.2023 IN FORM NO. 6 UNDER THE ACT,2008 SUBMITTED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 15.05.2023 ISSUED BY THE VILLAGE OFFICE, VALAVANNAUR.