Ajmal Abbas vs the District Collector

Ajmal Abbas vs The District Collector

Type Court Judgment Court Kerala Decided Oct 06, 2022

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Citation: sooperkanoon.com/1546906
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Oct 06, 2022
Case Number: WP(C)/31423/2022

Parties & Advocates

Appellant / Petitioner

Ajmal Abbas

Respondent

The District Collector

Excerpt

.....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 paddy land, in revenue records.w.p(c) no.31423 of 2022 4 ] 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 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-sub collector 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 two months.sd/- n. nagaresh, judge smm/ 10.10.2022 w.p(c) no.31423 of 2022 5 ] appendix of wp(c) 31423/2022 petitioner exhibits exhibit p1 true copy of the tax receipt no.kl07021812326 dated 24/07/2019. exhibit p2 true copy of the data bank issued by the 5th respondent dated 05/02/2021. exhibit p3 petitioner filed ext.p3 application under form 6 dated 23/09/2021.exhibit p4 true copy of the fee paid no.kl01159560202122/2022 dated exhibit p5 true copy of the acknowledgement issuedby the 2nd respondent on the report of 4th respondent dated 21/03/2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 WP(C) NO. 31423 OF 2022 PETITIONER AJMAL ABBAS AGED 51 YEARS S/O.ABBAS, MARAVETTICKAL, PUTHENPURAYIL, KULIYETTIKARA P.O., ERNAKULAM - 682 317. BY ADV M.S.SHAMLA RESPONDENTS
1 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030. 2 THE SUB COLLECTOR REVENUE DIVISIONAL OFFICE, FORT KOCHI, FORT KOCHI (PO), ERNAKULAM - 682 001. 3 THE TAHASILDAR KANAYANNUR TALUK OFFICE, ERNAKULAM - 682 011. 4 THE VILLAGE OFFICER THRIKKAKARA VILLAGE OFFICE, ERNAKULAM - 682 024. 5 LOCAL LEVEL MONITORING COMMITTEE KALAMASSERY AGRICULTURAL OFFICE, REPRESENTED BY ITS CONVENER (AGRICULTURAL OFFICER, KRISHI BHAVAN, KALAMASSERY), ERNAKULAM DISTRICT - 682 021. SMT.VIDYA KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.31423 of 2022 2 ]

JUDGMENT

Dated this the 6th day of October, 2022 The petitioner, who is owner of 4.60 Ares of property in Thrikkakara North Village of Kanayannur Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2 nd respondent 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 the owner in

possession of 4.60 Ares of land comprised in Survey No.110/8-4 of Thrikkakara North Village of Kanayannur 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 paddy land 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 W.P(C) No.31423 of 2022 3 ] Land and Wetland Rules, 2008. The application was filed on 23.09.2021. 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. 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 paddy land, in Revenue records.

W.P(C) No.31423 of 2022 4 ] 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 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-Sub Collector 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 two months.

Sd/- N. NAGARESH, JUDGE smm/ 10.10.2022 W.P(C) No.31423 of 2022 5 ] APPENDIX OF WP(C) 31423/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.KL07021812326 DATED 24/07/2019. Exhibit P2 TRUE COPY OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT DATED 05/02/2021. Exhibit P3 PETITIONER FILED EXT.P3 APPLICATION UNDER FORM 6 DATED 23/09/2021.

Exhibit P4           TRUE    COPY    OF     THE    FEE     PAID
                     NO.KL01159560202122/2022             DATED
Exhibit P5           TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED

BY THE 2ND RESPONDENT ON THE REPORT OF 4TH RESPONDENT DATED 21/03/2021.

Same Court & Year Kerala · 2022 Same Parties Ajmal Abbas vs The District Collector Same Judge Honourable Mr.Justice N.Nagaresh