Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 WP(C) NO. 20981 OF 2023 PETITIONER: BUSHARA AGED 53 YEARS THOPPIL HOUSE, MANJALI KARA NORTH PARAVUR, ERNAKULAM DISTRICT -, PIN - 683 513. BY ADVS. ANOOP.V.NAIR TANOOSHA PAUL AVANTHIKA R. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695 001. 2 THE REVENUE DIVISIONAL OFFICER FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682 001. 3 THE AGRICULTURAL OFFICER, KUNNUKARAKRISHNIBHAVAN, KUNNUKARA MINI CIVIL STATION, ATHANI - PARAVOOR ROAD,KUNNUKARA, ERNAKULAM DISTRICT, PIN - 683 578. 4 THE VILLAGE OFFICER KUNNUKARA VILLAGE, KUNNUKARA, ERNAKULAM DISTRICT, PIN - 683 578. 5 THE THASILDHAR (LR), PARAVUR TALUK, FIRST FLOOR, POLICE STATION ROAD, ABOVE SUB REGISTRAR OFFICE, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683 513. 6 THE THASILDHAR PARAVUR TALUK, FIRST FLOOR, POLICE STATION ROAD, ABOVE SUB REGISTRAR OFFICE, NORTH PARAVUR, ERNAKULAM DISTRICT-, PIN - 683 513. BY ADV DEVISREE -GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 30th day of June, 2023 The petitioner, who is owner of 10.12 Ares of property in Block No.1 of Kunnukara Village of Paravur Taluk in Ernakulam District, has filed the writ petition seeking to direct the 2nd respondent-Revenue Divisional Officer to consider Ext.P6 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 10.12 Ares of land comprised in Survey No.469/4-11 of Kunnukara Village of Paravur 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.P6 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 27.07.2021. 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. It is evident from the pleadings that the petitioner's
Form-5 application has been allowed removing the petitioner’s land from Data Bank. Though the petitioner filed an application before the 2nd respondent-Revenue Divisional Officer to permit the petitioner to use the land for non agricultural purposes, the said application filed under the Kerala Land Utilization Order, 1967 stands dismissed.
5. 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.
6. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
7. 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 2nd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P6 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 AMR APPENDIX OF WP(C) 20981/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT NO. KL07030803312/2022, DATED 05.05.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. Exhibit P1(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH HIS WIFE TO THE DISTRICT COLLECTOR, ERNAKULAM, Exhibit P2 TRUE COPY OF THE JUDGMENT IN W P (C) THIS HON'BLE COURT. Exhibit P3 TRUE COPY OF THE ERRATUM NOTIFICATION DATED 22.03.2017 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT. Exhibit P3(a) TRUE COPY OF THE PROCEEDINGS OF THE
LLMC, KUNNUKARA GRAMAPANCHAYAT, IN THE MEANWHILE, REGARDING THE CORRECTION OF THE DATA BANK DATED 17.12.2015. Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 15.03.2022 IN W. P(C) NO 6049/2022 , PASSED BY THIS HON'BLE COURT. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 21.07.2022 IN CON. CASE(C) NO. 1196 OF 2022. Exhibit P6 A TRUE COPY OF THE ONLINE APPLICATION BEARING FILE NO.REV- P1/812/2018-REV, SUBMITTED BY THE PETITIONER BEFORE THE 2NDRESPONDENT HEREIN DATED 27.07.2021, ALONG WITH TYPED COPY.