Elizebath Mathew vs The District Collector
2024 Latest Caselaw 11606 Ker

Kerala High Court

Elizebath Mathew vs The District Collector 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. 12894 OF 2024
PETITIONER:

            ELIZEBATH MATHEW,
            AGED 74 YEARS
            W/O LATE DR. K.N MATHEW, KADUPARAMBIL HOUSE,
            CHEMBUKADAVU, EDAPALLY, PIN - 682024
            BY ADVS.
            RENI JAMES
            T.A.MARY RINJU

RESPONDENTS:

    1       THE DISTRICT COLLECTOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
    2       THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, K.B JACOB ROAD FORT
            KOCHI, PIN - 682001
    3       THE TAHSILDAR,
            KANAYANNUR TALUK OFFICE PARK AVENUE, KOCHI, PIN -
            682011
    4       THE VILLAGE OFFICER,
            THRIKKAKARA NORTH VILLAGE OFFICE KOONATHAI
            PADIVATTOM , KOCHI, PIN - 682024
OTHER PRESENT:

            GP- SMT. DEEPA V


     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.12894 of 2024
                                 :2 :



                         JUDGMENT

~~~~~~~~~

Dated this the 23rd day of April, 2024

The petitioner, who is owner of 1.92 Ares of

property in Thrikkakara North Village of Kanayannur Taluk in

Ernakulam District, has filed this writ petition seeking to direct

the 2nd respondent to consider Ext.P3 Form-6 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 1.92 Ares of land comprised in Survey No.154/4-18 of

Thrikkakara North Village of Kanayannur 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.P3 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 filed on

6/3/2024. 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

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 2nd respondent-Revenue Divisional Officer to

consider Ext.P3 Form-6 application submitted by the petitioner

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

ska

APPENDIX OF WP(C) 12894/2024

PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE LAND TAX RECEIPT DATED 14/6/2023 ExhibitP 2 TRUE COPY OF THE DATA BANK ISSUED BY THE KALAMASSERY MUNCIPALITY DATED 5/2/2021 Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 6/3/2024 Exhibit P4 THE RECEIPT EVIDENCING THE PAYMENT OF LESS FOR FORM 6 APPLICATION DATED 6/3/2024