Beena.K. J vs State Of Kerala
2023 Latest Caselaw 9645 Ker

WP(C) NO. 29395 OF 2023
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                   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. 29395 OF 2023
PETITIONER/S:

             BEENA.K. J
             AGED 54 YEARS
             W/O GEORGE CHULLIKKATTU HOUSE, VARAPUZHA, ERNAKULAM
             DISTRICT, PIN - 683517
             BY ADV G.RANJITA


RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2       REVENUE DIVISIONAL OFFICER
             1ST FLOOR FORT KOCHI, K.B. JACOB ROAD, ERNAKULAM, PIN -
             682001
     3       THE TAHSILDAR
             PARAVUR TALUK OFFICE, VARAPUZHA VILLAGE, PARAVUR TALUK,
             ERNAKULAM DISTRICT, PIN - 683513
     4       THE VILLAGE OFFICER
             CHETTIBHAGAM MAIN RD, VARAPUZHA, ERNAKULAM, PIN - 683517
     5       AGRICULTURE OFFICER
             KRISHI BHAVAN PARAVUR, ERNAKULAM DISTRICT, PIN - 683513

             SMT.DEVISHRI.R.
     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. 29395 OF 2023
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                      BECHU KURIAN THOMAS, J.
                ========================
                       W.P.(C)No.29395 of 2023
                ------------------------------------------------
                       Dated this the 8th day of September 2023

                                   JUDGMENT

Petitioner is the owner of various extent of lands. Petitioner alleges

that she 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 her, 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, she filed the application on 16.08.2023. 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.G.Ranjita, learned counsel for the petitioner

and Smt.Devishri.R., learned 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 manner. WP(C) NO. 29395 OF 2023

5. Accordingly, there will be a direction to the 2nd respondent to

decide on Ext. P3 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. 29395 OF 2023

APPENDIX OF WP(C) 29395/2023

PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 3-7-

Exhibit P2 A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT IN FORM 5 APPLICATION DATED 6/3/2023 Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 16.08.23 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT