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2025 Supreme(Online)(Ker) 38567
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
MUHAMMED KUTTY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 17322 OF 2025
For the Appellants/Petitioners: SRI.J.R.PREM NAVAZ
For the Respondents: GP.SMT.JESSY S.SALIM
Statutory applications for land use changes must be processed without unreasonable delay, reflecting procedural obligations under relevant laws.
Headnote:(A) Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 - Section 27A - The petitioner sought permission to change land use from agricultural to other purposes, application pending since 17.04.2025 - Mandatory consideration of applications noted by the court. (Paras 1, 3)
(B) Writ Jurisdiction - Petitioner’s request for land use change to be considered without delay, emphasizing statutory nature of such requests. (Paras 2, 3)
Facts of the case:
The petitioner owns land which he seeks to utilize for non-agricultural purposes and submitted an application that remains unaddressed.
Findings of Court:
The Village Officer must report to the authorized officer within two months, followed by the timely consideration of the application.
Issues: The court addressed the question of timely processing of an application under the statutory provisions.
Ratio Decidendi: The court underscored the procedural obligation to consider the pending application under the relevant rules expeditiously.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. land ownership and application for non-agricultural use. (Para 1) |
| 2. emphasis on the need for timely processing of applications. (Para 2) |
| 3. court's order for executing statutory obligations. (Para 3) |
JUDGMENT
Dated this the 30th day of June 2025 The petitioner is the owner in possession of 02.94 Ares of land comprised in Survey No.91/22-2 in Block No.5 of Tanalur Village, Tirur Taluk, Malappuram District, covered under Ext.P1 land tax receipt. The property is an unnotified land. The petitioner desires to utilise the property for other purposes, other than agricultural activities. To change the classification of the property in the revenue records, the petitioner has submitted Ext.P2 application before the 3rd respondent on 17.04.2025 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 petitioner and the learned Government Pleader.
3. On a consideration of the facts and materials on record, especially that Ext.P2 application is pending consideration before 3rd respondent since 17.04.2025, 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 juridictional Village Officer 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 3rd respondent (authorised officer) shall consider and dispose of Ext.P2 application, in accordance with law, and as expeditiously as possible, at any rate, within two month from the date of receipt of the above report.
The writ petition is ordered accordingly.
