Jasmin vs Revenue Divisional Officer
2023 Latest Caselaw 10643 Ker

        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. 34039 OF 2023


PETITIONER:

            JASMIN,
            AGED 41 YEARS, S/O. MOIDEEN HAJI,
            CHENGANAKKATTIL HOUSE, THEKKANKUTTUR P.O.,
            KUTTUR, MALAPPURAM DISTRICT, PIN - 676551.

            BY ADVS.
            U.K.DEVIDAS
            S.K.SREELAKSHMY


RESPONDENT:

            REVENUE DIVISIONAL OFFICER,
            RDO OFFICE, TIRUR, TRIKANDIYUR ROAD,
            MALAPPURAM DISTRICT, PIN - 676101.


            SMT. N. DEEPA, SR. GP.




     THIS     WRIT   PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   16.10.2023,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.34039 of 2023           2




                 BECHU KURIAN THOMAS, J.
                ====================
                  W.P.(C) No.34039 of 2023
                ====================
             Dated this the 16th day of October, 2023


                           JUDGMENT

Petitioner is the owner of 5.97 Ares of land comprised in

Survey No.212/5-17 of Block No.5 of Valavannur Village, Tirur

Taluk, Malappuram District. Petitioner alleges that petitioner

had filed an application in Form 6 under Rule 12(1) of the

Kerala Conservation of Paddy Land and Wetland Rules, 2008

(for short 'the Rules'). Copy of the application submitted by

the petitioner is produced as Ext.P3.

2. According to the petitioner, 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, petitioner filed the

application on 03.07.2023. However, it is alleged that a

decision has not been taken on the said application till date.

3. Form 6 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.

4. Having heard Sri.U.K. Devidas, learned counsel for

the petitioner and Smt.N. Deepa, learned Senior Government

Pleader, I am of the view that this writ petition can be

disposed of with a direction to take a decision on Ext.P3

application in a time bound manner.

5. Accordingly, there will be a direction to the

respondent to decide on Ext.P3 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.

Sd/-

BECHU KURIAN THOMAS JUDGE Skk//16.10.2023

APPENDIX OF WP(C) NO.34039 OF 2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT DATED 17.05.2023 ISSUED BY THE SPECIAL VILLAGE OFFICER, VALAVANNUR EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK IN RESPECT OF THE PROPERTY OF PETITIONER EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 03.07.2023 IN FORM NO.6 UNDER KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008 EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 03.07.2023 ISSUED BY THE VALAVANNUR VILLAGE OFFICE

RESPONDENTS' EXHIBITS:- NIL