Kerala High Court
Anupam Gopinath vs The Revenue Divisional Officer / ... on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 30959 OF 2023
PETITIONER :
ANUPAM GOPINATH, AGED 34 YEARS,
S/O GOPINADHAN VALLIL ARCADIA ,
T.C - 5/ 2568 (4) SASTHAMANGALAM P.O
THIRUVANANTHAPURAM, PIN - 695010
REPRESENTED BY HIS POWER OF ATTORNEY,
GOPINADHAN VALLIL, AGED 68, S/O KRISHNAN VALLIL,
ARCADIA , T.C - 5/ 2568 (4) SASTHAMANGALAM P.O ,
THIRUVANANTHAPURAM, PIN - 695 010
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENTS :
1 THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR,
KOZHIKODE RDO OFFICE, CIVIL STATION,
ERANHIPPALAM P.O., KOZHIKODE,
PIN - 673 020
2 THE TAHSILDAR (LR), TALUK OFFICE,
KOZHIKODE CIVIL STATION, ERANHIPPALAM,
KOZHIKODE, PIN - 673 020
3 THE VILLAGE OFFICER, PUTHIYANGADI VILLAGE,
PUTHIYANGADI P.O., KOZHIKODE DISTRICT,
PIN - 673 021
BY SMT.DEVISHRI R., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30959 OF 2023
2
BECHU KURIAN THOMAS, J.
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W.P.(C) No.30959 of 2023
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Dated this the 21st day of September, 2023
JUDGMENT
Petitioner is the owner of 2.24 Ares of land in Survey No.42/56 of
Puthiyangadi Village, Kozhikode Taluk, Kozhikode District. Petitioner
alleges that he 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.P6.
2. According to him, 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 12.02.2023. 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.Soyuz P.K., learned counsel for the petitioner
and Smt. Devishri R., learned Government Pleader, I am of the view that
WP(C) NO. 30959 OF 2023
this writ petition can be disposed of with a direction to take a decision on
Ext.P6 application in a time bound manner.
5. Accordingly, in the light of the judgment in Sumesh U. v.
Revenue Divisional Officer Palakkad [2023 (3) KHC 431], there will
be a direction to the first respondent to decide on Ext. P6 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
RKM
WP(C) NO. 30959 OF 2023
APPENDIX OF WP(C) 30959/2023
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 704 OF 2021
DATED 08.04.2021 OF WEST HILL SRO
Exhibit P2 TRUE COPY OF THE SALE DEED NO. 568 OF 2020
DATED 13.05.2020 OF WEST HILL SRO
Exhibit P3 TRUE COPY OF THE SALE DEED NO. 199 OF 1993
DATED 19.01.1993 OF WEST HILL SRO
Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT OF THE
LAND OWNED BY THE PETITIONER DATED
06.04.2023
Exhibit P5 TRUE COPY OF THE ORDER NO. C3 - 1033/2022
DATED 21.01.2023 OF THE 1ST RESPONDENT RDO
Exhibit P6 TRUE COPY OF THE APPLICATION IN FORM NO. 6
DATED 12.02.2023 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER G.O
(ORD) 2886/2023 /RD DATED 05.08.2023
ISSUED BY THE REVENUE DEPARTMENT
