Santhosh Kumar vs State Of Kerala Represented By The ...
2023 Latest Caselaw 10393 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                        WP(C) NO. 31686 OF 2023
PETITIONER :

          SANTHOSH KUMAR,
          AGED 51 YEARS, S/O. CHANDUKUTTY,
          RESIDING AT KARAKKATTUTHAZHAM HOUSE,
          CHERINCHAL, P.O. KARANTHOOR, KOZHIKKODE DISTRICT.
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
          JASILA K, W/O. SANTHOSH KUMAR,
          AGED 47 YEARS, RESIDING AT KARAKKATTUTHAZHAM HOUSE,
          CHERINCHAL, P.O. KARANTHOOR, KOZHIKKODE DISTRICT,
          PIN - 673 571

          BY ADVS.
          E.G.GORDEN
          S.K.KRISHNAKUMAR
          V.M.MARY HARSHA



RESPONDENTS :

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY
          DEPARTMENT OF REVENUE, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001

    2     THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION, KOZHIKKODE DISTRICT,
          PIN - 673 020

    3     THE VILLAGE OFFICER,
          KUNNAMAGALAM VILLAGE OFFICE,
          KARANTHOOR, KOZHIKKODE DISTRICT,
          PIN - 673 571



          BY SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31686 OF 2023
                                        2

                   BECHU KURIAN THOMAS, J.
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C) No.31686 of 2023
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
              Dated this the 30th day of September, 2023


                                JUDGMENT

Petitioner is the owner of 3.84 Ares of land in Resurvey No.123/48

of Block No.1 of Kunnamangalam 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.P4.

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 on24.01.2023. 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.E.G.Gorden, learned counsel for the petitioner WP(C) NO. 31686 OF 2023

and Smt.K.Amminikutty, 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 2 nd 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.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 31686 OF 2023

APPENDIX OF WP(C) 31686/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE GENERAL POWER OF ATTORNEY DATED 10.09.2023 EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE JASILA K.

Exhibit P2 TRUE COPY OF THE REGISTERED CONVEYANCE DEED NO. 1693 OF 1998 OF DATED 07.08.1998 SRO, CHATHAMANGALAM

Exhibit P3 TRUE COPY OF THE ORDER DATED 24.01.2023 PASSED BY THE 2ND RESPONDENT ON THE PETITIONER'S APPLICATION

Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 24.01.2023