Allowed

K.P.Chandradasan, v. the District Collector, Wayanad Road

Kerala HC13 Dec 2022WP(C)/11076/2022

Case brief

AI extract

What is this about?

Owner of 88 Ares of land in Pantheerankavu filed a writ petition seeking a direction to the Revenue Divisional Officer to consider his Form-6 application to change the land's described nature from 'Nanja' to dry land under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, within two months due to prolonged inaction causing hardship.

What did the court decide?

Direction to 2nd respondent to consider Ext.P3 Form-6 application and pass orders within two months.

K.P.Chandradasan, Vs the District Collector, Wayanad Road — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 13TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944

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WP(C) NO. 11076 OF 2022

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PETITIONER:

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K.P.CHANDRADASAN,
AGED 78 YEARS
S/O APPUTTY K.P, LAKSHMI NIVAS,
ERAKKATHIL, KORANPARAMBU,
PANTHEERANKAVU P.O, KOZHIKODE 673 019.

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BY ADV RENI JAMES

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, WAYANAD ROAD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE 673 020.

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2 THE REVENUE DIVISIONAL OFFICER, KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION JUMA MASJID, SH29, ERANHIPPALAM, KOZHIKODE 673 020.

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3 THE TAHSILDAR, KOZHIKODE TALUK OFFICE, WAYANAD ROAD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE 673 020.

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4 THE VILLAGE OFFICER, PANTHEERANKAVU VILLAGE OFFICE, PANTHEERANKAVU P.O, KOZHIKODE 673 019.

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SMT.DEEPA NARAYANAN SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.11076 OF 2022

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JUDGMENT

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Dated this the 13^th day of December, 2022

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The petitioner, who is owner of 88 Ares and 18.85 Square Metres of property in Pantheerankavu Village of Kozhikode Taluk in Kozhikode District, has filed this writ petition seeking to direct the 2^nd respondent to consider Ext.P3 Form-6 application

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and to pass orders thereon, within a time frame to be fixed by this Court.

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The petitioner states that he is owner in possession

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of 88 Ares and 18.85 Square Metres of land comprised in Survey Nos.13/5, 13/6, 14/13, 14/28, 34/33, 34/5B, 44/25, 48/107 of Pantheerankavu Village of Kozhikode Taluk in Kozhikode District, out of which 6 Ares and 6.2 Square Metres of land comprised in Survey No.34/5B is garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is described as Nanja in Revenue records.

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WP(C) NO.11076 OF 2022

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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 28.01.2022. 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.

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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

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WP(C) NO.11076 OF 2022

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4

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with law, provided the application is received, is complete in all respects and is supported by all necessary documents.

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Heard the learned counsel for the petitioner and the

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learned Government Pleader representing the respondents.

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The property of the petitioner is said to be a dry land,

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but it has been described as ‘Nanja’, 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 the provisions of 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.

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The writ petition is therefore disposed of with a direction to the 2^nd respondent-Revenue Divisional Officer to consider Ext.P3 Form-6 application submitted by the petitioner if the same is received supported by all requisite documents and

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WP(C) NO.11076 OF 2022

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paying prescribed fee, if any, and to pass orders thereon in

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accordance with law, within a period of two months.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.11076 OF 2022

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APPENDIX OF WP(C) 11076/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE TAX RECEIPT DATED
24.06.2021.
Exhibit P2TRUE COPY OF THE EXTRACT OF THE
PUBLISHED DATA BANK
Exhibit P3TRUE COPY OF THE APPLICATION UNDER FORM
6 BEFORE THE 2ND RESPONDENT DATED
28.01.2022 ALONG WITH SURVEY SKETCH.
Exhibit P4TRUE COPY OF THE PROOF EVIDENCING THE
PAYMENT OF STATUTORY FEE DATED
28.01.2022.

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RESPONDENTS’ EXHIBITS : NIL

K.P.Chandradasan, v. the District Collector, Wayanad Road

Case brief

What is this about?

What did the court decide?

K.P.Chandradasan, v. the District Collector, Wayanad Road

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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