Kerala High Court
Rajesh 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. 13509 OF 2024
PETITIONER/S:
RAJESH,
AGED 50 YEARS, S/O.VASU, EEUMAKKATTUKUDY HOUSE,
MATTOOR P.O- KALADY, ERNAKULAM, PIN - 683574
BY ADV MEREENA.J.JOSEPH
RESPONDENT/S:
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,
MOOKKANNOOR VILLAGE OFFICE, MOOKKANNOOR, PIN - 683577
OTHER PRESENT:
SRI. AJITH VISWANATHAN- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 13509/2024
-2-
JUDGMENT
(Dated this the 23rd day of April 2024)
The petitioner, who is the owner of 14 Ares 8 Square Metres
of property in Mookkanoor Village of Aluva Taluk in Ernakulam
District, has filed the writ petition seeking to direct the 4th
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 the owner in possession
of 14 Ares 8 Square Metres of land comprised in Survey
Nos.83/11-2 and 83/3-2 of Mookkanoor 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 nilam 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 filed on 17.11.2023. 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.
6. The property of the petitioner is said to be a dry land,
but it has been described as nilam 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 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/-
N.NAGARESH
JUDGE
JS
APPENDIX OF WP(C) 13509/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ORDER ALLOWING THE FORM 5
APPLICATION FILED BY THE PETITIONER IN RESPECT OF
THE PROPERTY COVERED BY SY.NO83/11-2 AND SURVEY
NO.83/3-2 OF MOOKKOONNAR VILLAGEDATED 9/11/2023
Exhibit-P2 A TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE
PETITIONER IN RESPECT OF THE PROPERTY COVERED BY
SY.NO83/11-2 AND SURVEY NO.83/3-2 OF
MOOKKOONNARDATED 17/11/2023
