Majeed Kakkengal vs Revenue Divisional Officer
2023 Latest Caselaw 5920 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. 16137 OF 2023
PETITIONER:

         MAJEED KAKKENGAL
         AGED 60 YEARS
         S/O. KUNJIKKOYA, KAKKENGAL HOUSE,
         VATTALUR, CHULLIKODE P.O., KURUVA,
         MALAPPURAM DISTRICT, PIN - 676507

         BY ADVS.
         K.P.SUDHEER
         P.ANIRUDHAN


RESPONDENTS:

    1    REVENUE DIVISIONAL OFFICER
         REVENUE DIVISIONAL OFFICE,
         PERINTHALMANNA, MALAPPURAM DISTRICT,
         PIN - 679322
    2    THE VILLAGE OFFICER
         KURUVA VILLAGE, KURUVA,
         MALAPPURAM DISTRICT, PIN - 676506

         SMT.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.16137 of 2023



                                   2




                            JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 7.58 Ares of property in

Block No.1 of Kuruva Village of Perinthalmanna Taluk in

Malappuram District, has filed the writ petition seeking to

direct the 1st respondent-Revenue Divisional Officer to

consider Ext.P4 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 7.58 Ares of land comprised in Survey No.113/4-6 of Block

No.1 of Kuruva Village of Perinthalmanna 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. WP(C) No.16137 of 2023

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

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

04.01.2023. 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 WP(C) No.16137 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 '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 1st respondent-Revenue Divisional Officer to consider

and pass orders on Ext.P4 Form-6 application, if the same is WP(C) No.16137 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 three months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.16137 of 2023

APPENDIX OF WP(C) 16137/2023

PETITIONER EXHIBITS EXHIBIT P 1 TRUE COPY OF SALE DEED DATED 21.5.2007 REGISTERED AS DOC. NO.1850/2007 OF MAKARAPARAMBA SRO.

EXHIBIT P 2 TRUE COPY OF BASIC TAX RECEIPT DATED 5.4.2022 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P 3 TRUE COPY OF RELEVANT PAGE OF THE DRAFT DATA BANK OF KURUVA GRAMA PANCHAYAT.

EXHIBIT P 4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER IN FORM NO. 6 DATED 4.1.2023 BEFORE THE 1ST RESPONDENT.

EXHIBIT P 5 TRUE COPY OF THE RECEIPT DATED 04.01.2023 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT