Varghese vs The District Collector
2023 Latest Caselaw 5936 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. 16398 OF 2023
PETITIONER:

          VARGHESE
          AGED 62 YEARS, S/O. PAULO,
          GOPURATHINGAL (H), AAZHAKAM,
          KARUKUTTY P.O ERNAKULAM - 683577.

          BY ADV M.S.SHAMLA

RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD,
          ERNAKULAM - 682030.

    2     THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE,
          FORT KOCHI, FORT KOCHI (PO),
          ERNAKULAM - 682001.

    3     THE TAHASILDAR
          ALUVA TALUK OFFICE, ALUVA,
          ERNAKULAM - 683101.

    4     THE VILLAGE OFFICER
          KARUKUTTY VILLAGE OFFICE,
          ERNAKULAM - 683576.

    5     LOCAL LEVEL MONITORING COMMITTEE
          KARUKUTTY AGRICUTURAL OFFICE,
          REPRESENTED BY ITS CONVENER,
          (AGRICULTURAL OFFICER, KRISHI BHAVAN,
          KARUKUTTY),ERNAKULAM - 683576.

         BY ADV.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:
 W.P.(C) No.16398 of 2023
                                    2



                           JUDGMENT

Dated this the 24th day of May, 2023

The petitioner, who is owner of 9.81 Ares of property in

Angamaly Village of Aluva Taluk in Ernakulam District, has filed

the writ petition seeking to direct the 2 nd respondent-Sub

Collector/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

9.81 Ares of land comprised in Survey No.419/9-1 of Angamaly

Village of Aluva 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 paddy land 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 W.P.(C) No.16398 of 2023

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 01.05.2023. 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. W.P.(C) No.16398 of 2023

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

but it has been described as paddy land 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-Sub Collector/Revenue Divisional Officer to

consider and pass orders on Ext.P3 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 four months.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.16398 of 2023

APPENDIX OF WP(C) 16398/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.

KL07041601182/2023 DATED 16.02.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT DATED 16.02.2023 Exhibit P3 TRUE COPY OF THE APPLICATION FILED IN FORM 6 BEFORE THE 2ND RESPONDENT DATED 01.05.2023 Exhibit P4 TRUE COPY OF THE RECEIPT NO.

                      KL07041604485  DATED    01/05/2023 FOR
                      PAYMENT OF STATUTORY FEE OF EXT. P3
                      APPLICATION