The competent authority must consider land use change applications under statutory provisions within a reasonable time frame.

JUDGMENT

Dated this the 23rd day of November, 2022 The petitioner, who is owner of 1.84 Ares of property in Block No.1 of Niramaruthur Village of Tirur Taluk in Malappuram District, has filed the writ petition seeking to direct the respondent-Revenue Divisional Officer to consider Ext.P4 application and to pass orders thereon, within a time frame to be fixed by this Court.

2. The petitioner states that he is owner in possession of 1.84 Ares of land comprised in Survey No.133/3-5 of Block No.1 of Niramaruthur Village of Tirur Taluk in Malappuram District, out of which 1.69 Ares of 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.P4 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 01.04.2022. 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 respondent 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 respondent.

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 respondent-Revenue Divisional Officer to consider and pass orders on Ext.P4 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) 37713/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT FOR THE ABOVE PROPERTY DATED 17-11-2021.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER, NIRAMARUTHUR DATED 08-03-2022.

Exhibit P3 A TRUE COPY OF THE SURVEY SKETCH OF THE ABOVE LAND PREPARED BY LICENCED SURVEYOR DATED 10-03-2022.

Exhibit P4 TRUE COPY OF THE FORM 6 PETITION NO.

29/2022/917158 DATED 01-04-2022.

Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY VILLAGE OFFICER, NIRAMARUTHUR ON 15-

06-2022.

RESPONDENT’S/S EXHIBITS : NIL