Jessy Ciby vs State Of Kerala
2024 Latest Caselaw 11577 Ker

Citation : 2024 Latest Caselaw 11577 Ker
Judgement Date : 23 April, 2024

Kerala High Court

Jessy Ciby 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. 16290 OF 2024
PETITIONER:

          JESSY CIBY
          AGED 60 YEARS
          W/O. CIBY, AGED 60 YEARS,ATTUKADAVIL HOUSE, MANJAPRA
          P.O., ERNAKULAM DISTRICT -, PIN - 683581
          BY ADV MEREENA.J.JOSEPH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -, PIN -
          695001
    2     THE LAND REVENUE COMMISSIONER,
          COMMISSIONERATE OF LAND REVENUE,PUBLIC OFFICE BUILDING,
          MUSEUM JUNCTION,THIRUVANANTHAPURAM, PIN - 695001
    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, KAKKANAD, ERNAKULAM., PIN - 682030
    4     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT KOCHI-.,
          PIN - 682001
    5     THE VILLAGE OFFICER
          OFFICE OF THE VILLAGE OFFICE,THURAVOOR THURAVOOR
          P.O,ANGAMALLY-., PIN - 683572



          GP- SRI. AJITH VISWANATHAN



     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.16290 OF 2024
                                     2


                               JUDGMENT

Dated this the 23rd day of April, 2024 The petitioner, who is owner of 14 Ares 50 square

meters of property in Thuravoor Village of Aluva Taluk in

Ernakulam District, has filed this writ petition seeking to

direct the 4th respondent 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 she is the owner in

possession of 14 Ares 50 square meters of land is

comprised in Survey Nos. 212/4-10 and 212/4-9 of

Thuravoor Village of Aluva Taluk in 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 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

provisions of Rule 12(1) of the Kerala Conservation of

Paddy Land and Wetland Rules, 2008. The application was WP(C)No.16290 OF 2024

filed on 10.04.2024. 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.

6. The property of the petitioner is said to be a dry

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 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 4th 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/-

APPENDIX OF WP(C) 16290/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER ALLOWING THE FORM 5 APPLICATION FILED BY THE PETITIONER BY THE 4TH RESPONDENT DATED 10/3/2024 Exhibit-P2 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COVERED INRE-SURVEY NO.212/4-10 AND 212/4-9 OF THURAVOORVILLAGE UNDER FORM 6 DATED 26/6/2023