Kerala High Court
George Joseph vs State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16355 OF 2024
PETITIONERS:
1 GEORGE JOSEPH, AGED 70 YEARS
S/O. JOSEPH, KOTTAKKAL HOUSE, MATTOOR,
PIRAROOR P O, ANGAMALY,
ERNAKULAM DIST, PIN - 683574
2 PETER, AGED 62 YEARS
SON OF PAILY, THETTAYIL HOUSE,
ANGAMALY P O., ERNAKULAM DIST - 683 572.
3 JOSE, AGED 60 YEARS
SON OF POULO, VATTAPPARAMBAN HOUSE,
NAYATHODU P O. ANGAMALY,
ERNAKULAM DIST., PIN - 683 572.
4 KUNJAVARA, AGED 74 YEARS
SON OF POULO, VATTAPPARAMBAN HOUSE, NAYATHODU P O.
ANGAMALY, ERNAKULAM DIST., PIN - 683 572.
BY ADV MEREENA.J.JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001.
2 THE LAND REVENUE COMMISSIONER
COMMISSIONERATE OF LAND REVENUE,
PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
THIRUVANANTHAPURAM., PIN - 695 001.
3 THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
4 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI., PIN - 682 001.
5 THE VILLAGE OFFICER
OFFICE OF THE VILLAGE OFFICE,
ANGAMALY., PIN - 683 572.
SMT.DEEPA V., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16355 OF 2024
2
N. NAGARESH, J
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W.P.(C).No.16355 of 2024
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Dated this the 23rd day of April, 2024
JUDGMENT
Petitioners, who are the owners of various extent of properties
in Angamaly Village, in Ernakulam District, have filed this writ
petition seeking to direct the 4th respondent to consider Ext.P5,
Ext.P5(a), Ext.P6, Ext.P7 and Ext.P8 Form-6 applications and
to pass orders thereon, within a time frame to be fixed by this
Court.
2. The 1st petitioner is the owner in possession of 14.30 Ares of
land comprised in Survey Nos.153/23 and 153/9 and 5 Ares of
land comprised in Survey No.153/10-2, the 2 nd petitioner is the
owner in possession of 3.64 Ares of land comprised in Survey
Nos.332/5-3 and 332/5-4, the 3rd petitioner is the owner in
possession of 1.34 Ares land comprised in Survey No.352/17-7
and the 4th petitioner is the owner in possession of 3.21 Ares of
land comprised in Survey No.352/17-8 of Angamaly Village in
WP(C) NO. 16355 OF 2024
Ernakulam District. The land is garden land. It is not cultivated
with paddy. It is not fit for paddy cultivation either. However,
the land is described as paddy land in Revenue records.
3. The petitioners want to use the land for other purposes.
Hence, they filed Ext.P5, Ext.P5(a), Ext.P6, Ext.P7 and Ext.P8,
applications in Form-6 before the Revenue Divisional Officer,
invoking the provisions of Rule 12(1) of the Kerala
Conservation of Paddy Land and Wetland Rules, 2008. The
applications were filed on 28.12.2023, 17.11.2023 and
18.11.2023 respectively. The applications have not been
considered so far. Unless the applications are considered
expeditiously, the petitioners will be put to untold hardship and
loss, contends the petitioners.
4. The Government Pleader representing the respondents
resisted the writ petition. The Government Pleader
controverted all material allegations made by the petitioners, in
the writ petition. The Government Pleader, however, submitted
that since the petitioners have invoked a statutory remedy
under the provisions of the Kerala Conservation of Paddy Land
WP(C) NO. 16355 OF 2024
and Wetland Rules, 2008, the applications submitted by the
petitioners can be considered by the competent authority in
accordance with law, provided the applications are received,
are complete in all respects and are supported by all necessary
documents.
5. Heard the learned counsel for the petitioners and the learned
Government Pleader representing the respondents.
6. The property of the petitioners is said to be a dry land, but it
has been described as paddy land, in Revenue records. Rule
12(1) of the Kerala Conservation of Paddy Land and Wetland
Rules, 2008 provides for making applications for changing the
nature of land in Revenue records. The petitioners have
invoked the provisions of Rule 12(1) of the Rules, 2008 by filing
applications in Form-6. It being statutory applications, the
Competent Authority is bound to consider the applications and
pass orders thereon within a reasonable time.
7. The writ petition is therefore disposed of with a direction to the
4th respondent-Revenue Divisional Officer to consider Ext.P5,
Ext.P5(a), Ext.P6, Ext.P7 and Ext.P8 Form-6 applications
WP(C) NO. 16355 OF 2024
submitted by the petitioners, if the same are received
supported by all requisite documents and paying prescribed
fee, if any, and to pass orders thereon in accordance with law,
within a period of three months.
sd/-
N.NAGARESH
JUDGE
AMV/23/04/2024
WP(C) NO. 16355 OF 2024
APPENDIX OF WP(C) 16355/2024
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE ORDER ALLOWING THE FORM
5 APPLICATION FILED BY THE 1ST PETITIONER
IN RESPECT OF THE PROPERTY COVERED BY SY.
NO.153/23, 153/9 OF ANGAMALY VILLAGE DATED
7/11/2023.
EXHIBIT-P1(A) A TRUE COPY OF THE ORDER ALLOWING THE FORM
5 APPLICATION FILED BY THE 1ST PETITIONER
IN RESPECT OF THE PROPERTY COVERED IN
SURVEY NO.153/10OF ANGAMALY VILLAGE DATED
2/11/2023.
EXHIBIT-P2 A TRUE COPY OF THE ORDER ALLOWING THE FORM
5 APPLICATION FILED BY THE PETITIONER IN
RESPECT OF THE PROPERTY COVERED BY SY.
NO.332/5-3, 332/5-4. OF ANGAMALY VILLAGE
DATED 9/11/2023.
EXHIBIT-P3 A TRUE COPY OF THE ORDER ALLOWING THE FORM
5 APPLICATION FILED BY THE PETITIONER IN
RESPECT OF THE PROPERTY COVERED BY SY.
NO.352/17-7 OF ANGAMALY VILLAGE DATED
7/11/2023.
EXHIBIT-P4 A TRUE COPY OF THE ORDER ALLOWING THE FORM
5 APPLICATION FILED BY THE PETITIONER IN
RESPECT OF THE PROPERTY COVERED BY SY.
NO.352/17-8 OF ANGAMALY VILLAGE DATED
8/11/2023.
EXHIBIT-P5 A TRUE COPY OF THE FORM 6 APPLICATION
FILED BY THE 1ST PETITIONER IN RESPECT OF
THE PROPERTY COVERED BY SY.NO.153/23,
153/9 OF ANGAMALY VILLAGE DATED
28/12/2023.
EXHIBIT-P5(A) A TRUE COPY OF THE FORM 6 APPLICATION
FILED BY THE 1ST PETITIONER IN RESPECT OF
THE PROPERTY COVERED BY SURVEY NO.153/10-2
OF ANGAMALY VILLAGE DATED 28/12/2023.
EXHIBIT-P6 A TRUE COPY OF THE FORM 6 APPLICATION
WP(C) NO. 16355 OF 2024
FILED BY THE 2ND PETITIONER IN RESPECT OF
THE PROPERTY COVERED BY SY.NO.332/5-3,
332/5-4 OF ANGAMALY VILLAGE DATED
17/11/2023.
EXHIBIT-P7 A TRUE COPY OF THE FORM 6 APPLICATION
FILED BY THE 3RD PETITIONER IN RESPECT OF
THE PROPERTY COVERED BY SY.NO.352/17-7 OF
ANGAMALY VILLAGE DATED 18/11/2023.
EXHIBIT-P8 A TRUE COPY OF THE FORM 6 APPLICATION
FILED BY THE 4TH PETITIONER IN RESPECT OF
THE PROPERTY COVERED BY SY.NO.352/17-8 OF
ANGAMALY VILLAGEDATED 18/11/2023.
TRUE COPY
