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Fathima Karama A.M. v. the Commissioner of Entrance Examinations

Kerala HC22 Mar 2022WP(C)/4152/2022

Case brief

AI extract

What is this about?

Petitioner sought a writ directing the Revenue Divisional Officer to consider his application to change land description from paddy to other use under Kerala Conservation of Paddy Land and Wetland Rules, 2008, citing delay and potential hardship.

What did the court decide?

Direction issued to the 3rd respondent (Revenue Divisional Officer) to consider and pass orders on the petitioner's Form-6 application within three months.

Fathima Karama A.M. Vs the Commissioner of Entrance… — Property and Title | 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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THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
WP(C) NO. 41752 OF 2022

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PETITIONER:

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KUNJIKAMMU.,
AGED 69 YEARS
S/O. MUHAMMED HAJI, THALIKKULAM HOUSE, EDATHIRUTHI DESOM,
EDATHIRUTHI
VILLAGE, KODUNGALLORE TALUK, THRISSUR DISTRICT,
PIN: 680703.

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BY ADV N.L.BITTO

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RESPONDENTS:

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1THE STATE OF KERALA,
REP. BY THE SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION AYYANTHOLE. P.O., THRISSUR DISTRICT - 680001 .

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3 THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA REVENUE DIVISION, CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT - 680 721.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.41752 OF 2022

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 22^nd day of December, 2022

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The petitioner, who is owner of 8.47 ares of property

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in Edathiruthi Village of Kodungallore Taluk in Thrissur District, has filed the writ petition seeking to direct the 3^rd respondentRevenue Divisional Officer to consider Ext.P3 application and to

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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 of 8.47 ares of land comprised in Survey No. 305/1-3 of Edathiruthi Village of Kodungallore Taluk in Thrissur District, out of which 3.43 ares land in Survey No. 305/1-3 is garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is described as paddy land in Revenue records.

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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

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WP(C) NO.41752 OF 2022

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provisions of Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 11-12-2022. 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.

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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 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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WP(C) NO.41752 OF 2022
 4

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but it has been described as paddy 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 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 3^rd respondent-Revenue Divisional Officer to consider and pass orders on Ext.P3 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.

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N. NAGARESH, JUDGE

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mtk

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WP(C) NO.41752 OF 2022

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APPENDIX OF WP(C) 41752/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE SALE DEED BEARING
NO.1750 OF 2022 OF THRIPRAYAR SRO DATED
1/11/2022.
Exhibit P2A TRUE OF THE BASIC TAX RECEIPT NO.
KL08050106461/2022 OF THE EDATHIRA
VILLAGE DATED 26/11/2022 .
Exhibit P3A TRUE COPY OF THE APPLICATION ALONG
WITH RECEIPT NO.192/2022/959857 ISSUED
FROM THE OFFICE OF RDO, IRINJALAKUDA
DATED 11/12/2022 .

Fathima Karama A.M. v. the Commissioner of Entrance Examinations

Case brief

What is this about?

What did the court decide?

Fathima Karama A.M. v. the Commissioner of Entrance Examinations

Case brief

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What did the court decide?

What the court decided

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