Kerala High Court
Malini Poduval vs The Revenue Divisional Officer – ... on 16 October, 2023
WP(C) NO. 33615 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 33615 OF 2023
PETITIONER/S:
MALINI PODUVAL
AGED 72 YEARS
D/O. SOUDAMINI, THANCHERI VEETTIL, MUNDIYATH, MANAKKODAM,
CHENDAMANGALAM, ERNAKULAM, PIN - 683512
BY ADVS.
A.MUHAMMED MUSTHAFA
M.P.SREEKRISHNAN
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER - FORT KOCHI
REVENUE DIVISIONAL OFFICE, 1ST FLOOR, KB JACOB ROAD, FORT
KOCHI, KOCHIN, KERALA, PIN - 682001
2 THE TAHSILDAR - PARAVUR
TALUK OFFICE, FIRST FLOOR, POLICE STATION RD, ABOVE SUB
REGISTRAR OFFICE, NORTH PARAVUR, KERALA, PIN - 683513
3 THE VILLAGE OFFICER - CHENDAMANGALAM
VILLAGE OFFICE, PALIYAM RD, CHENDAMANGALAM, KERALA, PIN -
683512
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33615 OF 2023
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BECHU KURIAN THOMAS, J.
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W.P.(C)No.33615 of 2023
------------------------------------------------
Dated this the 16th day of October 2023
JUDGMENT
Petitioner is the owner of 18.25 Ares of land situated in Survey No.
661/9 to Block No.4 of Chendamangalam Village, Paravur Taluk, Ernakulam
District. Petitioner alleges that she had filed an application in Form 9 under
the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short
'the Rules'). Copy of the application submitted by the petitioners is
produced as Ext.P4.
2. According to her, the property is not a paddy land, but it has
been wrongly described as paddy land in the revenue records, which
requires variation. For changing the nature of land in the revenue records,
dhe filed the application on 07.07.2023. However, it is alleged that a decision
has not been taken on the said application till date.
3. Form 9 application filed by the petitioner is a statutory
application as per Rule 12(1) of the Rules. The competent authority,
therefore, has a legal duty to consider the said application in accordance
with law within a reasonable time, provided it has been submitted along with
all supporting documents and the prescribed fee.
WP(C) NO. 33615 OF 2023
4. Having heard Sri.A.Muhammeed Musthafa, learned counsel for
the petitioner and Smt Deepa N.learned Government Pleader, I am of the
view that this writ petition can be disposed of with a direction to take a
decision on Ext.P4 application in a time bound manner.
5. Accordingly, there will be a direction to the 1st respondent to
decide on Ext. P4 within a period of four months from the date of receipt of a
copy of this judgment. The timeline stipulated above shall be strictly
complied with by the respondent concerned.
The writ petition is disposed of accordingly.
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 33615 OF 2023
APPENDIX OF WP(C) 33615/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEED OF PARTITION BEARING
REGISTRATION NO. 1404 OF 1971 ON THE FILES OF
SRO PARAVUR
Exhibit P2 THE LAND TAX RECEIPT IN RESPECT OF THE
PROPERTIES OWNED BY THE PETITIONER AS PER
EXHIBIT P1 ALONG WITH OTHER CO-OWNERS, DATED
30.05.2023
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE IN
RESPECT OF THE PROPERTIES COVERED UNDER EXHIBIT
P1
Exhibit P4 A TRUE COPY OF THE APPLICATION IN FORM NO.-9,
DATED 07.07.2023
Exhibit P5 A TRUE COPY OF THE RECEIPT OF PAYMENT OF THE
PRESCRIBED FEE TOWARDS EXHIBIT P4, DATED
08.07.2023
