JUDGMENT

Dated this the 25th day of August, 2022 The petitioner, who is owner of 12.53 Ares of property in Block No.12 of Ayirooppara Village of Thiruvananthapuram Taluk in Thiruvananthapuram District, has filed the writ petition seeking to direct the 2nd 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 she is owner in possession of 12.53 Ares of land in Block No.12 of Ayirooppara Village of Thiruvananthapuram Taluk in Thiruvananthapuram District, out of which 7.18 Ares of land comprised in Survey Nos.498/17 and 498/18 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 Land and Wetland Rules, 2008. The application was filed on 15.06.2022. 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 paddy 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 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 spk APPENDIX OF WP(C) 27511/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED

06/04/2022.

Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK DATED 22/01/2021.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEARING NO.28/2022/703914 BEFORE THE 2ND RESPONDENT DATED

15/06/2022.

Exhibit P4 TRUE COPY OF THE RECEIPT OF STATUTORY FEE DATED 17/06/2022.

RESPONDENT'S/S EXHIBITS : NIL