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2022 Supreme(Online)(KER) 19710
HIGH COURT OF KERALA
N. NAGARESH, J
MOHAMMED SHIBIL K. – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER, – Respondent
WP(C)/42592/2022
P.ABDUL NISHAD NAJMA THABSHEERA.T
The court established that the authorities must act on applications submitted under statutory rules within a reasonable timeframe.
Headnote:
Land - Writ Petition - Kerala Conservation of Paddy Land and Wetland Rules, 2008 - Rule 12(1) - The court mandated the competent authority to consider the petitioner's application for change in land use within a specified timeframe, adhering to statutory obligations.
Fact of the Case:
The petitioner owns 8 Ares 9 Square Metres of land described as Nanja Land but wishes to change its use as it is currently unsuitable for paddy cultivation. Despite filing an application under Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the application had not been considered.
Issues: Whether the Revenue Divisional Officer is obligated to consider the petitioner's application regarding the change in land use according to the applicable rules.
Ratio Decidendi: The court held that the competent authority must consider applications filed under the Kerala Conservation of Paddy Land and Wetland Rules within a reasonable timeframe.
Final Decision: The petition was disposed of with directives to consider the application within three months.
J U D G M E N T
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Dated this the 23rd day of December, 2022 The petitioner, who is owner in possession of 8 Ares
9 Square Metres of land in Block No.4 of Alipparamba Village of Perinthalmanna Taluk in Malappuram District, has filed this writ petition seeking to direct the 1st respondent to consider Ext.P9 application and to pass orders thereon, within a time frame to be fixed by this Court.
2. The petitioner states that he is the owner in possession of 8 Ares 9 Square Metres of land comprised in Survey No.67/2-6 of Block No.4 of Alipparamba Village of Perinthalmanna Taluk in Malappuram District. The land is a garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is described as Nanja Land in Revenue records.
3. The petitioner wants to use the land for other purposes. Hence, the petitioner filed Ext.P9 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 05.12.2022. 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 Senior Government Pleader representing the respondents resisted the writ petition. The Senior Government Pleader controverted all material allegations made by the petitioner, in the writ petition. The Senior 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 Senior Government Pleader representing the respondents.
6. The property of the petitioner is said to be a dry land, but it has been described as Nanja 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 1st respondent-Revenue Divisional Officer to consider and pass orders on Ext.P9 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. If the
1st respondent-Revenue Divisional Officer insists, the petitioner shall file Form-6 application online. While considering the application, the 1st respondent-Revenue Divisional Officer shall advert to Ext.P5 report also.
Sd/-
N. NAGARESH JUDGE sss APPENDIX OF WP(C) 42592/2022 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE ALIPARAMBA VILLAGE OFFICE DATED 22.03.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE
5TH RESPONDENT DATED 19.05.2018.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 22.06.2018.
EXHIBIT P4 THE TRUE COPY OF THE JUDGEMENT IN WRIT PETITION (CIVIL) NO.25475 OF 2018 DATED
3.08.2018.
EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS OF THE LLMC CONVENOR, ALIPARAMBA GRAMA PANCHAYATH DATED 30.07.2019.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 09.11.2022 EXHIBIT P7 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 09.11.2022.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION LETTER ISSUED BY THE 4TH RESPONDENT TO THE PETITIONE
