Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 17718 OF 2023 PETITIONERS: 1 ASHARAFF, AGED 64 YEARS, S/O KOCHU MUHAMMAD, PALIYATHAZHATHU , HOUSE NO. 1/24A KATTUR P.O , THRISSUR DISTRICT, PIN - 680702 2 THAHIRA, AGED 52 YEARS, W/O ASHARAFF, PALIYATHAZHATHU, HOUSE NO. 1/24A KATTUR P.O , THRISSUR DISTRICT, PIN - 680702 BY ADV F.ANCY RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER, 1ST FLOOR, 9655+J4Q, CIVIL STATION ANNEXE, IRINJALAKUDA, KERALA, PIN - 680125 BY SMT.AMMINIKUTTY, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
JUDGMENT
----------------------- Dated this the 1st day of June, 2023 The petitioners, who are owners of 15.22 Ares of land in Block No.47 of Kattoor Village of Mukundapuram Taluk in Thrissur District, have filed this writ petition seeking to direct the 2nd respondent to consider Ext.P8 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioners state that they are the owners of
15.22 Ares of land comprised in Survey Nos.447/1-2, 453/1-4 and 454/1-4 of Block No.47 of Kattoor Village of Mukundapuram Taluk in Thrissur District. The land is a 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 petitioners want to use the land for other
purposes. Hence, the petitioners filed Ext.P8 application in Form-6 before the Revenue Divisional Officer, invoking the :3 : provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 31.03.2023. The application has not been considered so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.
4. The Senior Government Pleader representing the
respondents resisted the writ petition. The Senior Government Pleader controverted all material allegations made by the petitioners, in the writ petition. The Senior Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the application submitted by the petitioners 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 petitioners and the learned Senior Government Pleader representing the :4 : respondents.
6. The property of the petitioners 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 petitioners have 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 2nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P8 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 sss :5 : APPENDIX OF WP(C) 17718/2023 PETITIONERS' EXHIBITS EXHIBIT-P1 THE TRUE COPY OF THE SALE DEED NO. OFFICE DATED 05.08.2010. EXHIBIT-P2 A TRUE COPY OF THE OF SALE DEED NO. DATED 05.08.2010. EXHIBIT-P3 THE PHOTOGRAPHS OF THE PETITIONERS PROPERTIES DESCRIBED IN EXHIBIT P1 AND EXHIBIT P2. EXHIBIT-P4 THE TRUE COPY THE DATA BANK PREPARED UNDER KERALA PADDY LAND AND WET LAND ACT, 2008 DATED 20.07.2022. EXHIBIT-P5 THE TRUE COPY OF BASIC TAX RECEIPT NO. KL 08034702676/2023 DATED 20.05.2023 ISSUED FROM KATTOOR VILLAGE OFFICE EXHIBIT-P6 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PETITIONER'S PROPERTIES DATED 25.05.2023 EXHIBIT-P7 THE TRUE COPY THE SKETCH OF PETITIONER'S PROPERTIES PREPARED BY THE GOVERNMENT APPROVED SURVEYOR ON 13.02.2023. EXHIBIT-P8 THE APPLICATIONS BEARING REGISTRATION NUMBER 23/2023/232598 DATED 31.03. 2023.