Kerala High Court
P K Baby vs The Revenue Divisionel Officer on 8 September, 2023
WP(C) NO. 29339 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. 29339 OF 2023
PETITIONER/S:
P K BABY
AGED 72 YEARS
PALIYETH HOUSE, PAZHAMTHOTTAM, VADAVUKODE P O,
PUTHENKURISHU VILLAGE, KUNNATHUNADU TALUK, MUVATTUPUZHA,
ERNAKULAM DISTRICT., PIN - 682310
BY ADVS.
VARUGHESE M EASO
VIVEK VARGHESE P.J.
RESPONDENT/S:
1 THE REVENUE DIVISIONEL OFFICER
RDO OFFICE, MUVATTUPUZHA. MUVATTUPUZHA P O, ERNAKULAM
DISTRICT, PIN - 686661
2 THE TAHSILDAR (LAND RECORDS)
KUNNATHUNADU TALUK OFFICE PERUMBAVCOR, ERNAKULAM DISTRICT.,
PIN - 683542
3 THE VILLAGE OFFICER
VADAVUKODU VILLAGE VADAVUKODE P O, KUNNATHUNADU TALUK,
MUVATTUPUZHA, ERAKULAM DISTRICT, PIN - 682310
4 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR, VADAVUKODU KRISHIBHAVAN,
ERNAKULAM DISTRICT., PIN - 682308
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
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. 29339 OF 2023
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BECHU KURIAN THOMAS, J.
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W.P.(C)No.29339 of 2023
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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.P6
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 16.03.2022. 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.Varughese M.Easo, 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
WP(C) NO. 29339 OF 2023
decision on Ext.P6 application in a time bound manner.
5. Accordingly, there will be a direction to the 1st respondent to
decide on Ext. P6 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. 29339 OF 2023
APPENDIX OF WP(C) 29339/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED NO
2653/2010DATED 17.06.2010 OF PUTHENCRUZE SUB
REGISTRAR OFFICE
Exhibit P2 . TRUE COPY OF THE LAND TAX RECEIPT NO
KL07050900374/2023 DATED 18/04/2023 ISSUED BY
THE VILLAGE OFFICER, VADAVUKODU
Exhibit P3 . TRUE COPY OF THE REPORT DATED NIL FROM THE
4TH RESPONDENT INCLUDING THE APPLICATION
Exhibit P4 TRUE COPY OF THE ORDER NO A13-11862/2021/KDS
DATED 14/02/2022 ISSUED BY THE 1STRESPONDENT
Exhibit P5 . TRUE COPY OF THE RECEIPT DATED 16/03/2022
ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE FORM NO 6 APPLICATION DATED
16/03/2022
