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2022 Supreme(Online)(KER) 60245
HIGH COURT OF KERALA
N. NAGARESH, J
HAMEED K.B. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/22235/2022
S.SREEKUMAR (KOLLAM), K.VIJAYAN, NAMITHA RAJESH
The court established that authority must promptly consider applications to change land use as per applicable land laws.
Headnote:
Land - Kerala Conservation of Paddy Land and Wetland Act - Sections 5(4)(iv), Kerala Land Utilisation Order, 1967 - The court ruled that the competent authority must consider the application for land use change within a reasonable time as per statutory provisions.
Fact of the Case:
The petitioner owns land classified as paddy land in records despite its actual dry land status and sought permission to use it for non-agricultural purposes, leading to an application for change of nature in revenue records.
Finding of the Court:
The court found that the petitioner had complied with legal requirements for changing land use and emphasized that the authority is obliged to process the application promptly.
Issues: Whether the competent authority is obliged to process the application for changing the land classification within a reasonable timeframe.
Ratio Decidendi: A statutory application must be considered by the competent authority as mandated by the rules; delay in processing applications contravenes statutory obligations.
Final Decision: The court directed the authority to consider the application within four months.
J U D G M E N T
Dated this the 4th day of August, 2022 The petitioner is owner of 17.40 Ares of property in Survey No.373/8A of Kadungalloor Village in Paravoor Taluk, Ernakulam District.
2. The petitioner states that he made an application to the Revenue Divisional Officer invoking the provisions of the Kerla Land Utilisation Order, 1967 for permission to use the land for non agricultural purposes. As per Ext.P4, the Revenue Divisional Officer passed order dated 12.07.2018 permitting the petitioner to use the land for non agricultural purposes, on certain conditions.
3. The petitioner states that though the petitioner has been permitted to use the land for non agricultural purposes, the land has been included in the Land Data Bank prepared under Section 5 (4)(iv) of the Kerala3 Conservation of Paddy Land and Wetland Act, 2008.
4. The petitioner has submitted Ext.P8 Form-6 application before the Revenue Divisional Officer for effecting change of nature of the land in Revenue records. Any delay in processing Ext.P8 application will cause difficulties to the petitioner.
5. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all the material allegations made by the petitioner in the writ petition.
6. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.
7. 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 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 to consider Ext.P8 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 four months.
Sd/-
N. NAGARESH, JUDGE smm/11.08.2022 APPENDIX OF WP(C) 22235/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SETTLEMENT DEED NO.1687/1997 OF THE ALWAYE SRO DATED 20/03/1997.
Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 09/05/2018 ISSUED BY THE KADUNGALLOOR VILLAGE OFFICE.
Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.7497/2017 DATED
09/10/2017.
Exhibit P4 THE TRUE COPY OF THE ORDER OF THE
3RD RESPONDENT FORT KOCHI REVENUE DIVISIONAL OFFICER DATED
12/07/2018.
Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED 06/08/2018 SUBMITTED BEFORE THE 4TH RESPONDENT TAHASILDAR.
Exhibit P6 THE TRUE COPY OF THE ORDER DATED
17/06/2021 ISSUED BY THE 4TH RESPONDENT TAHASILDAR, NORTH PARAVOOR.
Exhibit P7 THE TRUE COPY OF THE APPLICATION DATED 01/12/2021 FILED UNDER FORM
6 BEFORE THE 3RD RESPONDENT.
Exhibit P8 THE TRUE COPY OF THE APPLICATION FILED UNDER FORM 6 BEFORE THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM
