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2025 Supreme(Online)(Ker) 35225
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
Dr.V.John – Appellant
Versus
Revenue Divisional Officer Fort Kochi – Respondent
WP(C) NO. 22204 OF 2025
For the Appellants/Petitioners: Sri.T.K.Ajithkumar (Valath)
For the Respondents: Gov. Pleader Smt. Deepa V.
The court mandated timely administrative action on statutory applications to change land classification, reinforcing the importance of adherence to procedural timelines.
Headnote:(A) Kerala Conservation of Paddy Land and Wetland Act, 2008 - Section 27A and Rule 12 - Writ petition by property owners seeking to change the classification of unnotified land from ‘paddy land’ - Petitioners’ applications pending consideration since May 2025 - Court directed the Revenue Officer to comply with statutory obligations under the Kerala Rules for timely disposal of applications. (Paras 1-3)
Findings of Court:
The court found that the delay in consideration of the petitioners' applications was unjust and ordered expeditious action by the authorities.
Issues: The main issues addressed included the pending applications for changing land classification and the statutory obligation of revenue authorities.
Ratio Decidendi: The court emphasized the need for prompt administrative action on statutory applications and lacked merit in delaying responses based on the record.
Result: Writ petition allowed, with directions for compliance.
| Table of Content |
|---|
| 1. property owners' claim for land classification change. (Para 1) |
| 2. court's directive for timely administrative action on pending applications. (Para 3) |
JUDGMENT Dated this the 11th day of July, 2025 The petitioners are the owners in possession of the properties covered by Exts. Ext.P1 and P1(a) land tax receipts, respectively in Maradu Village, Village, Kanayannur Taluk. The properties are unnotified land. The petitioners desire to utilise the properties for other purposes, other than agricultural activities. The respondents have erroneously classified the land as ‘paddy land’ and included it in the data bank. By Exts. P2 and P2(a) orders, the properties were excluded from the data bank. To change the classification of the properties in the revenue records, the petitioners have submitted Exts.P3 and P3(a) applications before the 1st respondent on 17.05.2025 in Form 6 under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). But, the application has not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioners and the learned Government Pleader.
3. On a consideration of the facts and materials on record, especially that Exts.P3 and P3(a) applications are pending consideration before the 1st respondent since 17.05.2025, and the same is statutory in nature, without expressing anything on the merits of the application, I allow the writ petition by ordering as follows:
(i) The 3rd respondent is directed to submit his report as provided under Rule 12(4) of the Rules, to the authorised officer, within two months from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 2nd respondent (authorised officer) shall consider and dispose of Exts.P3 and P3(a)
applications, in accordance with law, and as expeditiously as possible, at any rate, within two months from the date of receipt of the above report.
The writ petition is ordered accordingly.
