Basheer, vs District Collector,

Type Court Judgment Court Kerala Decided Apr 23, 2024

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Citation: sooperkanoon.com/1321483
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Apr 23, 2024
Case Number: WP(C)/13595/2024

Parties & Advocates

Appellant / Petitioner

Basheer,

Respondent

District Collector,

Excerpt

.....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. -4-6. 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 -5- appendix of wp(c) 13595/2024 petitioner exhibits exhibit-p1 true copy of the land tax receipt dated 20.06.2022 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 31.12.2022 submitted by the petitioner before the second respondent.

Full Judgment

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. 13595 OF 2024 PETITIONER/S: BASHEER, AGED 49 YEARS, AYAMMED HAJI, POLLAPPARAMMAL HOUSE, AVILORA P.O, KOZHIKODE DISTRICT, PIN - 673572 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, KASABA VILLAGE, KOZHIKKODE DISTRICT, PIN - 673004 5 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER, PUTHIYARA KRISHIBHAVAN, KOZHIKKODE DISTRICT, PIN - 673004 6 AGRICULTURAL OFFICER, PUTHIYARA KRISHIBHAVAN, KOZHIKKODE DISTRICT, PIN - 673004
OTHER PRESENT: SMT. DEEPA V GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

(Dated this the 23rd day of April, 2024) The petitioner, who is owner of 3 Ares 4 Square Metres of property in Kasaba 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 3 Ares 4 Square Metres of land comprised in Survey

No.268/17 of Kasaba 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 -3- Land and Wetland Rules, 2008. The application was filed on 31.12.2022. 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. -4-

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 -5- APPENDIX OF WP(C) 13595/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 20.06.2022 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 31.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

Same Court & Year Kerala · 2024 Same Parties Basheer, vs District Collector, Same Judge Honourable Mr.Justice N.Nagaresh