Kerala High Court
Basheer E.V vs District Collector on 8 September, 2023
WP(C) NO. 29444 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. 29444 OF 2023
PETITIONER/S:
BASHEER E.V
AGED 62 YEARS
S/O MOIDU, RESIDING AT ERACHAM VEETTIL HOUSE, CHETTUVA
ROAD, CHAVAKKAD PO, THRISSUR, PIN - 680506
BY ADVS.
DHEERAJ KRISHNAN PEROT
K.L ANGEL MARY
FIDHA NAVAS
RESPONDENT/S:
1 DISTRICT COLLECTOR
FIRST FLOOR,CIVIL STATION, CIVIL LANE ROAD, AYYANTHOLE
THRISSUR, PIN - 680003
2 THE REVENUE DIVISIONAL OFFICER
RDO OFFICE, FIRST FLOOR, CIVIL STATION, CIVIL LINE ROAD,
THRISSUR, PIN - 680003
3 THE TAHASILDAR (LAND RECORDS)
CHAVAKKAD TALUK OFFICE, VANJIKADAVU ROAD, CHAVAKKAD,
THRISSUR, PIN - 680506
4 THE VILLAGE OFFICER
VILLAGE OFFICE, GURUVAYUR ROAD, MUTHUVATTOOR, GURUVAYUR
THRISSUR, PIN - 680101
SMT.AMMINIKUTTY (GP)
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. 29444 OF 2023
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BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.29444 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.P3
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 23.10.2022. 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.Dheeraj Krishnan Perot, 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.P3 application in a time bound
WP(C) NO. 29444 OF 2023
manner.
5. Accordingly, there will be a direction to the 2nd respondent to
decide on Ext. P3 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. 29444 OF 2023
APPENDIX OF WP(C) 29444/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.775/1991
DATED 11/06/1991
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
22/10/2022 WITH THE THANDAPER NO:12818 MARKING
PETITIONER'S LAND AS 'NANCHA'
Exhibit P3 TRUE COPY OF THE LATEST APPLICATION AND SKETCH
PREFERRED IN FORM 6 AS ENVISAGED IN RULE 12(1)
OF KERALA CONSERVATION OF PADDY LAND AND
WETLAND RULES, 2008, DATED 23/10/2022
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 5.4.2023 IN
W.P. (C) NO. 12485 OF 2023
