Sandeep. P vs Revenue Divisional Officer
2023 Latest Caselaw 10023 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                   WP(C) NO. 30436 OF 2023




PETITIONERS:

    1     SANDEEP. P
          AGED 47 YEARS
          S/O.P.BALAKRISHNAN,
          VISHNUKRIPA HOUSE, OLLUR PADAMPARAMBU,
          KUTHIRAVATTOM POST,
          KOZHIKODE DISTRICT, PIN - 673016

    2     SANOOJ .P
          AGED 46 YEARS
          S/O.P.BALAKRISHNAN,
          VISHNUKRIPA HOUSE, OLLUR PADAMPARAMBU,
          KUTHIRAVATTOM POST,
          KOZHIKODE DISTRICT, PIN - 673016

          BY ADVS.
          R.SREEHARI
          HAMZA A.V.
          VIGNESH S.


RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER
          KOZHIKODE, REVENUE DIVISIONAL OFFICE,
          KOZHIKODE COLLECTORATE, CIVIL STATION POST,
          KOZHIKODE DISTRICT, PIN - 673020

    2     VILLAGE OFFICER
          NELLIKODE VILLAGE, NELLIKODE POST,
 W.P.(C).No.30436 of 2023
                                      -:2:-


              KOZHIKODE DISTRICT, PIN - 673016


              BY ADV
              K.AMMINIKUTTY
              SENIOR GOVERNMENT PLEADER


       THIS    WRIT        PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION      ON   18.09.2023,       THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30436 of 2023
                                     -:3:-




                       BECHU KURIAN THOMAS, J.
                      --------------------------------------
                        W.P.(C).No.30436 of 2023
                     ---------------------------------------
                  Dated this 18th day of September, 2023


                                JUDGMENT

Petitioners are the owners of 4.36 Ares of land in Re-Survey

No.112/39 of Nellikode Village, Kozhikode Taluk, Kozhikode District.

Petitioners allege that they 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 petitioners is produced as Ext.P4.

2. According to them, 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, he filed the application on 05.07.2022. However, it is

alleged that a decision has not been taken on the said application till

date.

3. Form 6 application filed by the petitioners 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 W.P.(C).No.30436 of 2023

submitted along with all supporting documents and the prescribed fee.

4. Having heard Sri. R. Sreehari, learned counsel for the

petitioners and Smt. Amminikutty. K., 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. 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 three 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 Jka/18.09.23.

W.P.(C).No.30436 of 2023

APPENDIX OF WP(C) 30436/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 1377/2008 DATED 22/03/2008 OF SRO CHEVAYOOR.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NELLIKODE VILLAGE OFFICE, IN FAVOUR OF THE PETITIONERS DATED 11/08/2021.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, NELLIKODE VILLAGE OFFICE, IN FAVOUR OF THE PETITIONERS DATED 25/06/2022.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 05/07/2022 IN FORM NO.6 UNDER THE PROVISIONS OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT,2008.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 05/07/2022 FOR AN AMOUNT OF RS.1000/- ISSUED FROM THE NELLIKODE VILLAGE OFFICE INFAVOUR OF THE PETITIONERS.