Mohammed Shihabudheen vs Revenue Divisional Officer
2023 Latest Caselaw 9610 Ker

WP(C) NO. 29424 OF 2023
                                         1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                           WP(C) NO. 29424 OF 2023
PETITIONER/S:

             MOHAMMED SHIHABUDHEEN,
             AGED 31 YEARS
             S/O ASSAINAR MANGATTUPURATH HOUSE, VAZHAYUR EAST P.O,
             VAZHAYUR VILLAGE. MALAPPURAM DISTRICT, PIN - 673633
             BY ADVS.
             BLAZE K.JOSE
             NEETHA P.G.
             RANJITH C.


RESPONDENT/S:

     1       REVENUE DIVISIONAL OFFICER,
             REVENUE DIVISIONAL OFFICE PERINTHALMANA,
             PERINTHALMANA.MALAPPURAM KERALA, PIN - 679322
     2       VILLAGE OFFICER VAZHAYUR,
             VILLAGE OFFICE VAZHAYUR, MALAPPURAM,KERALA, PIN - 673633
     3       ARICULTURAL OFFICER
             KRISHIBHAVAN VAZHAYUR, MALAPPURAM, PIN - 673633

             SMT.AMMINIKUTTY.K.
     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29424 OF 2023
                                          2

                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.29424 of 2023
                ------------------------------------------------
                       Dated this the 8th 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.P2

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 29.07.2022. However, it is alleged

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

3. Form 6 application filed by the 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.Blaze K.Jose, learned counsel for the

petitioner 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.P2 application in a time bound manner.

5. Accordingly, there will be a direction to the 1st respondent to WP(C) NO. 29424 OF 2023

decide on Ext. P2 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.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 29424 OF 2023

APPENDIX OF WP(C) 29424/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.KL10071208969/2023 DATED 11/07/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE FORM NO.6 APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 29/07/2022