C P George vs The Revenue Divisional Officer
2023 Latest Caselaw 9503 Ker

WP(C) NO. 28946 OF 2023
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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                            WP(C) NO. 28946 OF 2023
PETITIONER/S:

              C P GEORGE
              AGED 75 YEARS
              S/O. VARKEY POTHEN, CHENNATTUSSERY, RAMANKARY P.O,
              ALAPPUZHA, KERALA, PIN - 689595
              BY ADVS.
              JOMY GEORGE
              R.PADMARAJ
              CHITRA N. DAS
              RISHAB S.
              RONA ANN SIBY


RESPONDENT/S:

     1        THE REVENUE DIVISIONAL OFFICER
              KIDANGAMPARAMP, THATHAMPALLY, ALAPPUZHA, PIN - 688013
     2        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM, PIN - 695001

              SMT.AMMINIKUTTY (GP)
     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28946 OF 2023
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                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.28946 of 2023
                ------------------------------------------------
                       Dated this the 5th day of September 2023

                                   JUDGMENT

Petitioner is the owner of various extent of lands. 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 on 14.11.2022. However, it is alleged

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

3. Form 6 application filed by the 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.Jomy George, learned counsel for the

petitioner and Smt.Amminikkutty, learned Government Pleader, I am of

the view that this writ petition can be disposed of with a direction to take WP(C) NO. 28946 OF 2023

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 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. 28946 OF 2023

APPENDIX OF WP(C) 28946/2023

PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE SALE DEED NO. 3062/92 OF SRO, ALAPPUZHA Exhibit-P2 TRUE COPY OF THE TAX RECEIPT WITH REGARD TO THE LAND TAX REMITTED BY THE PETITIONER DATED 09.08.2023 Exhibit-P3 TRUE COPY OF THE ORDER NO.DDS - 8164/2022/G3 DATED 27.10.2022 Exhibit -P4 TRUE COPY OF FORM NO.6 APPLICATION DATED 14.11.2022 SUBMITTED BY THE PETITIONER