Back
2024 Supreme(Online)(KER) 346
HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
MRS. NISHA USMAN, – Appellant
Versus
THE VILLAGE OFFICER, – Respondent
WP(C) 13117/2023
Administrative compliance with the Kerala Conservation of Paddy Land and Wetland Act mandates timely processing of land classification applications.
Headnote:
Land - Writ Petitions - Kerala Conservation of Paddy Land and Wetland Act, 2008, Section 6 - The court directed the Revenue Divisional Officer to consider applications for land classification changes under the Act promptly, emphasizing compliance with statutory requirements and timely issuance of possession certificates.
Fact of the Case:
Petitioners sought to change land classification from 'Purayidam' to 'Nilam'. They applied for a building permit but faced issues submitting online applications due to system restrictions. They subsequently filed Form-6 applications by post.
Finding of the Court:
The court directed the Revenue Divisional Officer to process the petitioners' Form-6 applications in accordance with the law, ensuring a decision is made within three months, followed by the issuance of possession certificates by the Village Officer.
Issues: Whether the petitioners' applications for land classification change were unjustly obstructed and the legal obligation of the authorities to respond within a specified timeframe.
Ratio Decidendi: The court held that administrative authorities must act within the framework of the Kerala Conservation of Paddy Land and Wetland Act and ensure timely processing of land classification applications.
Final Decision: The writ petitions are allowed.
These writ petitions are preferred by the petitioners, who hold lands in Survey No.3/3-24 of Ernakulam Village, for which Exts.P1 to P3 were issued showing the description of the land as “Purayidam”. Later they applied for a building permit and a certificate was issued wherein the description of the property was shown as “Nilam”.
2. A statement has been filed on behalf of the 1st respondent wherein it is stated that Exts.P1 to P3 and other documents were issued based on an incorrect data entry in the computer and that if an application is made in Form-6, the same will be considered on priority basis and the classification of the land can be changed.
3. The learned Government Pleader submitted that the petitioner can apply Form 6 online. However, the petitioners assert in the affidavit that they tried to submit the Form-6 application online to the official portal on 3.4.2024, but the system was not accepting the application with a remark that “No land is available with Nilam/Nanja type”. Accordingly, the petitioners have preferred the Form 6 application along with all supporting documents, by registered, post on 3.1.2024 to the Revenue Divisional Officer, Fort Kochi, copies of the application and the receipts are marked as Exts.P13 to P15. Under the above circumstances, there will be a direction to the Revenue Divisional Officer, Fort Kochi, to take up the Form-6 applications preferred by the petitioners and pass orders, in accordance with law, in terms of the Kerala Conservation of Paddy Land and Wetland Act , 2008, within three months from the date of receipt of a copy of the judgment. The 3rd respondent will issue notice to the petitioners in case any clarification is required from the petitioners. However, the order shall be passed within the time stipulated above. Based on the decision to be taken by the 3rd respondent, as aforesaid, there will be a further direction to the 1st respondent Village Officer to issue the possession certificates, which shall be issued within two weeks from the date of production of the order of the Revenue Divisional Officer as directed above.
The writ petitions are allowed.
