Kerala High Court
Sheena C.P vs 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. 13128 OF 2024
PETITIONER/S:
SHEENA C.P.,
AGED 53 YEARS, S/O C. PANKAJAKSHAN, PATTYERI VEEDU,
KURUVISSERY P.O, KOZHIKODE DISTRICT, PIN - 673010
BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW
AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN
SONYMON ANTONY AJMAL V. KARIM
RESPONDENT/S:
1 DISTRICT COLLECTOR,
CIVIL STATION, KOZHIKKODE DISTRICT, PIN - 673020
2 REVENUE DIVISIONAL OFFICER,
CIVIL STATION, KOZHIKKODE DISTRICT, PIN - 673020
3 TAHSILDHAR, KOZHIKKODE TALUK, KOZHIKKODE DISTRICT,
PIN - 673019
4 VILLAGE OFFICER,
VALAYANAD VILLAGE, KOZHIKKODE DISTRICT, PIN - 673007
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
THIRUVANIYOOR KRISHIBHAVAN, KOZHIKKODE DISTRICT,
PIN - 673645
6 AGRICULTURE OFFICER,
THIRUVANIYOOR KRISHIBHAVAN, KOZHIKODE DISTRICT,
PIN - 673645
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 13128/2024
-2-
JUDGMENT
(Dated this the 23rd day of April 2024)
The petitioner, who is the owner of 8 Ares 86.28 Square
Metres of property in Valaynadu Village of Kozhikkode Taluk in
Kozhikkode District, has filed the writ petition seeking to direct
the 2nd respondent-Revenue Divisional Officer to consider
Ext.P3 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 8 Ares 86.28 Square Metres of land comprised in Survey
No.203/74 of Valaynadu Village of Kozhikkode Taluk in
Kozhikkode 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 nanja 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
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.
6. The property of the petitioner is said to be a dry land,
but it has been described as nanja 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 and
pass orders on Ext.P3 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) 13128/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 10.08.2023
ISSUED BY THE FOURTH RESPONDENT.
Exhibit-P2 TRUE COPY OF RELEVANT PAGES OF DATA BANK ISSUED BY
THE SIXTH RESPONDENT.
Exhibit-P3 TRUE COPY OF THE APPLICATION DATED 08.11.2023
SUBMITTED BY THE PETITIONER BEFORE THE SECOND
RESPONDENT.
