The competent authority must consider statutory applications to change land use promptly as stipulated by the applicable rules.

J U D G M E N T

Dated this the 13th day of October, 2022 The petitioner, who is owner of 10.12 Ares of property in Thrikkariyoor Village of Kothamangalam Taluk in Ernakulam District, has filed this 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 the owner in possession of 10.12 Ares of land comprised in Survey No.717/2-3 of Thrikkariyoor Village of Kothamangalam 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 Land and Wetland Rules , 2008. The application was filed on

01.10.2022. 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 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. While considering Form-6 application, the Revenue Divisional Officer shall also advert to Ext.P5 KSREC Report.

Sd/-

N. NAGARESH, JUDGE smm APPENDIX OF WP(C) 32223/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED

27.04.2022 SHOWING PAYMENT OF PROPERTY TAX FOR THIS 10.12 ARES OF PROPERTY OWNED BY THE PETITIONER FOR THE YEAR

2022-2023 Exhibit P2 THE TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 07.02.2022 ISSUED BY THE PINDIMANA GRAMA PANCHAYATN IN THE NAME OF PETITIONER'S MOTHER NACHI MOHAMMED, FROM WHOM THE PETITIONER ACQUIRED THIS PROPERTY Exhibit P3 THE TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER DATED

01.10.2022 Exhibit P4 THE TRUE COPY OF THE DATA BANK DULY CERTIFIED BY THE AGRICULTURAL OFFICER PERTAINING TO PETITIONER'S SURROUNDING PROPERTIES Exhibit P5 THE TRUE COPY OF THE KSRSEC REPORT DATED

29.04.2022 PERTAINING TO THE PETITIONER'S PROPERTY Exhibit P6 THE TRUE COPY OF THE PROHIBITORY ORDER DATED 04.08.2022 ISSUED BY THE 2ND RESPONDENT