Kerala High Court
Jospeh P.M vs The Revenue Divisional Officer 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. 16237 OF 2024
PETITIONER
JOSPEH P.M.
AGED 72 YEARS
S/O. MICHEL MATTOM, SEA DALE,
KOMMERI POST, KOZHIKODE, PIN - 673007
BY ADV K.M.FIROZ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE, CIVIL STATION,
KOZHIKODE -, PIN - 673020
2 THE AGRICULTURAL OFFICER
VALAYANAD, KRISHI BHAVAN,
VALAYANAD POST, KOZHIKODE, PIN - 673007
3 THE VILLAGE OFFICER,
VALAYANAD, VILLAGE OFFICE,
VALAYANAD POST, KOZHIKODE -,
PIN - 673007
SRI AJITH VISWANATHAN -GOVERNMENT PLEADER
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.16237 Of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner, who is owner of 6 Ares of property in
Block No.1 of Valayanad Village of Kozhikode Taluk in
Kozhikode District, has filed the writ petition seeking to direct
the 1st respondent-Revenue Divisional Officer to consider
Ext.P2 application and to pass orders thereon, within a time
frame to be fixed by this Court.
2. The petitioner states that he is owner in possession
of 6 Ares of land comprised in Survey No.89/51 of Valayanad
Village of Kozhikode Taluk in Kozhikode 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 petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P2 application in
Form-6 before the Revenue Divisional Officer, invoking the
WP(C) No.16237 Of 2024
provisions of Rule 12(1) of the Kerala Conservation of Paddy
Land and Wetland Rules, 2008. The application was filed on
08.11.2023. The application has not been considered so far.
Unless the application is considered expeditiously, the
petitioner will be put to untold hardship and loss, contends the
petitioner.
4. The Government Pleader representing the
respondents resisted the writ petition. The Government Pleader
controverted all material allegations made by the petitioner, in
the writ petition. The Government Pleader, however, submitted
that since the petitioner has invoked a statutory remedy under
the provisions of the Kerala Conservation of Paddy Land and
Wetland Rules, 2008, the application submitted by the petitioner
can be considered by the competent authority in accordance
with law, provided the application is received, is complete in all
respects and is supported by all necessary documents.
5. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents.
WP(C) No.16237 Of 2024
6. The property of the petitioner 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 petitioner
has invoked the provisions of Rule 12(1) of the Rules, 2008 by
filing application in Form-6. It being a statutory application, the
Competent Authority is bound to consider the application and
pass orders thereon within a reasonable time.
The writ petition is therefore disposed of with a
direction to the 1st respondent-Revenue Divisional Officer to
consider and pass orders on Ext.P2 Form-6 application, if the
same is 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
hmh
WP(C) No.16237 Of 2024
APPENDIX OF WP(C) 16237/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC LAND TAX RECEIPT
DATED 26.05.2023 ISSUED BY VILLAGE
OFFICER, VALAYANAD TO PETITIONER
Exhibit P2 TRUE COPY OF THE APPLICATION DATED
08.11.2023 HAVING APPLICATION NO.
1/2023/1814038 SUBMITTED BY PETITIONER
