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2025 Supreme(Online)(Ker) 45359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
P.V MARY – Appellant
Versus
REVENUE DIVISIONAL OFFICER,FORT KOCHI – Respondent
WP(C) NO. 26786 OF 2025
For the Appellants/Petitioners: SMT.NAZRIYA NOUSHAD
For the Respondents: SMT.DEEPA V
Statutory duty of authorities to consider applications under conservation laws in a timely manner.
Headnote:The petitioner applied under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, to change the use of agricultural land. The application is pending without consideration by the authorities, hence the writ petition seeks expeditious action on it. The court orders the report submission under Rule 12(4) and directs consideration of the application within two months of receiving the report. The orders provided are to ensure statutory compliance and timely action on the application.
| Table of Content |
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| 1. owner's request pending for land use change. (Para 1) |
| 2. counsel's representation heard regarding the application. (Para 2) |
| 3. court orders prompt resolution of the application. (Para 3) |
JUDGMENT
Dated this the 10th day of October, 2025 The petitioner is the owner in possession of 1.72 Ares of land comprised in Survey Nos.113/8B-13, 113/7A-6 and 113/7B-4 in Edapally South Village, Kanayannur Taluk, covered under Ext.P3 land tax receipt. The property is an unnotified land. The petitioner desires to utilise the property for other purposes, other than agricultural activities. In order to change the nature of 57 Sq.Metres of the land in the revenue records, the petitioner has submitted Ext.P4 application before the 1st respondent on 15.11.2024 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.P4 application is pending consideration before the 1st respondent since 15.11.2024, 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 4th respondent is directed to submit his report as provided under Rule 12(4) of the Rules, to the authorised officer, within one month from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 1st respondent (authorised officer) shall consider and dispose of Ext.P4 application, 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.
