Baiju. K. Paul vs The District Collector
2023 Latest Caselaw 5918 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. 16154 OF 2023
PETITIONER:

         BAIJU. K. PAUL
         AGED 55 YEARS
         S/O. K G PAULOSE, KEERAMUZHI HOUSE,
         BRAHMAPURAM, AMBALAMEDU P.O.,
         ERNAKULAM, PIN - 682303

         BY ADV SHAKTHI PRAKASH


RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         FIRST FLOOR, CIVIL STATION,
         KAKKANAD, ERNAKULAM, PIN - 682030
    2    THE REVENUE DIVISIONAL OFFICER
         FORT KOCHI REVENUE DIVISIONAL OFFICE,
         K B JACOB ROAD, FORT KOCHI,
         ERNAKULAM, PIN - 682001
    3    THE TAHSILDAR
         KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
         MARINE DRIVE, KOCHI, PIN - 682011
    4    THE VILLAGE OFFICER
         EDAPPALLY SOUTH VILLAGE OFFICE, CIVIL LINE ROAD,
         BYE PASS JUNCTION, VENNALA P.O.,
         ERNAKULAM, PIN - 682028

         BY ADV. SMT.AMMINIKUTTY-SR.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.16154 of 2023

                               2


                            JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 7.61 Ares of property in

Block No.1 of Edappally South Village of Kanayannur Taluk in

Ernakulam District, has filed the writ petition seeking to direct

the 2nd 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 7.61 Ares of land comprised in Survey Nos.144/11-3 and

144/12A-6 of Block No.1 of Edappally South 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.

WP(C) No.16154 of 2023

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

14.03.2023. 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 WP(C) No.16154 of 2023

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.

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

and pass orders on Ext.P3 Form-6 application, if the same is WP(C) No.16154 of 2023

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 four months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.16154 of 2023

APPENDIX OF WP(C) 16154/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 18.10.2022 Exhibit P2 TRUE COPY OF THE ORDER DATED 08.03.2023 ISSUED BY THE REVENUE DIVISIONAL OFFICER, FORT KOCHI Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 14.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 18.03.2023