Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 7TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945 WP(C) NO. 18414 OF 2023 PETITIONER: JAYASREE AGED 68 YEARS, D/O. KRISHNAN VAIDYAR, RESIDING AT AMMOTHUMKANDIYIL HOUSE, KAKKODI, KOZHIKODE, PIN - 673 611 BY ADVS. V.V.SURENDRAN P.A.HARISH ASWATHI C. RESPONDENTS: 1 THE REVENUE DIVISIONAL OFFICER, KOZHIKODE OFFICE OF THE REVENUE DIVISIONAL OFFICER, COLLECTORATE BUILDING, PO. CIVIL STATION, KOZHIKODE-, PIN - 673020 2 THE VILLAGE OFFICER KAKKODI VILLAGE KOZHIKODE, PIN - 673611 3 THE AGRICULTURAL OFFICER KAKKODI GRAMA PANCHAYATH, KAKKODI, KOZHIKODE, PIN 673 611 BY ADV AMMINIKUTTY - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 7th day of June, 2023 The petitioner, who is owner of 10 Ares 92.67 Square Metres of property in Block No.8 of Kakkodi Village of Kozhikode Taluk in Kozhikode District, has filed the writ petition seeking to direct the 1st respondent-Revenue Divisional Officer to consider Ext.P1 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that she is owner in
possession of 10 Ares 92.67 Square Metres of property comprised in Survey No.35/33 of Block No.8 of Kakkodi Village of Kozhikode Taluk in Kozhikode 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 “wet land” in Revenue records.
3. The petitioner wants to use the land for other
purposes. Hence, the petitioner filed Ext.P1 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 01.06.2022. 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.
6. The property of the petitioner is said to be a dry
land, but it has been described as “wet 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 3rd respondent-Agricultural Officer to forward a report to the 1st respondent-Revenue Divisional Officer within a period of one month. The Revenue Divisional Officer shall pass orders on Ext.P1 Form-6 application on the basis of the report of the Agricultural Officer, within a further period of two months. Sd/- N.NAGARESH JUDGE ded APPENDIX OF WP(C) 18414/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 01.06.2022 FILED BY THE PETITIONER