Remya.G vs The District Collector
2023 Latest Caselaw 10668 Ker

WP(C) NO. 33662 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. 33662 OF 2023
PETITIONER/S:

             REMYA.G
             AGED 40 YEARS
             W/O RAJESH R, AMBUJA BHAVAN (H), EAST KADATHY,
             MUVATTUPUZHA, MUVATTUPUZHA MARKET P.O, VELLOORKUNNAM
             VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN -
             686673
             BY ADVS.
             ANISH PAUL
             K.V.SURESH KUMAR
             SHIBU THOMAS (NILAMBUR)


RESPONDENT/S:

     1       THE DISTRICT COLLECTOR,
             ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, ERNAKULAM
             DISTRICT., PIN - 682030
     2       THE REVENUE DIVISIONAL OFFICER,
             MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MINI CIVIL
             STATION, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT,
             PIN - 686669
     3       THE TAHSILDAR (L.R),
             MUVATTUPUZHA TALUK, TALUK OFFICE,MINI CIVIL STATION,
             MUVATTUPUZHA, MUDAVOOR P.O, ERNAKULAM DISTRICT, PIN -
             686669
     4       THE VILLAGE OFFICER,
             MUVATTUPUZHA VILLAGE OFFICE, AVOLY, AVOLY P.O, ERNAKULAM
             DISTRICT, PIN - 686667

             SR.GP SMT.AMMINIKUTTY
     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. 33662 OF 2023
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                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.33662 of 2023
                ------------------------------------------------
                        Dated this the 16th day of October 2023


                                   JUDGMENT

Petitioner is the owner of 4.78 Ares of land situated in Survey No.

102/8-10 of Block No.1 of Muvattupuzha Village, Muvattupuzha Taluk,

Ernakulam District. Petitioner alleges that she 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 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,

she filed the application on 30.06.2023. 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.Anish Paul, learned counsel for the petitioner

and Smt.K.Amminikutty, learned Senior Government Pleader, I am of the WP(C) NO. 33662 OF 2023

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 2nd 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.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 33662 OF 2023

APPENDIX OF WP(C) 33662/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 23.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 27.06.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 30.06.2023 IN FORM NO.6 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT