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Capt. Vinod Narayanan v. Village Officer

Kerala HC4 Aug 2023WP(C)/2253/2023

Case brief

AI extract

What is this about?

The Court directed the Revenue Divisional Officer to consider an application under Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, filed by petitioners seeking to change the nature of their land from 'Nilam' to garden land, within three months.

What did the court decide?

Direction to the 2nd respondent (Revenue Divisional Officer) to consider Case 2nd (Form-6 application) and pass orders thereon within three months, if supported by documents and requisite fee.

Capt. Vinod Narayanan Vs Village Officer — Land Acquisition | Kerala HC (2023)

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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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FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
WP(C) NO. 2253 OF 2023

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PETITIONERS:

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1 CAPT. VINOD NARAYANAN S/O SRI.P.S.NARAYANAN, AGED 61 YEARS, RESIDING AT NO. 7/4, FIRST CROSS STREET, KARPAGAM GARDENS, ADYAR, CHENNAI, PIN – 600 020

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2 ANJANA VINOD W/O CAPT. VINOD NARAYANAN, AGED 54 YEARS, RESIDING AT NO. 7/4, FIRST CROSS STREET, KARPAGAM GARDENS, ADYAR, CHENNAI, PIN – 600 020

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BY ADV ANN OLIVIA VALLAVANADAN

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RESPONDENTS:

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1 VILLAGE OFFICER

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THANEERMUKKOM NORTH VILLAGE OFFICE, THANEERMUKKOM P.O., CHERTHALA, ALAPPUZHA, PIN – 688 527

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2 REVENUE DIVISIONAL OFFICER R.D.O. OFFICE, OPP. DISTRICT COURT COMPLEX, SH 40, THODANKULANGARA, ALAPPUZHA, PIN – 688 013

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3 TAHSILDAR CHERTHALA TALUK OFFICE, POLICE STATION ROAD, NEAR MINI CIVIL STATION, CHERTHALA, KERALA, PIN – 688 524

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BY ADV

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SMT. DEVISREE R. - GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.2253 OF 2023

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JUDGMENT

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Dated this the 4^th day of August, 2023

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The petitioners, who are owners of 5.45 Ares of property in Thanneermukkom North Village of Cherthala Taluk in Alappuzha District, have filed the writ petition seeking to direct the 2^nd respondent-Revenue Divisional Officer to consider Ext.P2 application and to pass orders thereon, within a time frame to be fixed by this Court.

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The petitioners state that they are owners in possession of 5.45 Ares of land comprised in Survey Nos.198/1-7 and 198/1-8 of Thaneermukkom North Village of Cherthala Taluk in Alappuzha District. The land is garden land. It is not cultivated with paddy. It is not fit for paddy cultivation either. However, the land is described as ‘Nilam’ in Revenue records.

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W.P.(C) NO.2253 OF 2023

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The petitioners want to use the land for other purposes. Hence, the petitioners filed Ext.P2 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 26.07.2022. The application has not been considered so far. Unless the application is considered expeditiously, the petitioners will be put to untold hardship and loss, contend the petitioners.

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The Government Pleader representing the

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respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioners, in the writ petition. The Government Pleader, however, submitted that since the petitioners have invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the application submitted by the petitioners can be considered by the competent authority in

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W.P.(C) NO.2253 OF 2023

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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 petitioners and the learned Government Pleader representing the respondents.

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The property of the petitioners is said to be a dry land, but it has been described as ‘Nilam’ 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 petitioners have 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 and pass orders on Ext.P2 Form-6 application, if the same is

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W.P.(C) NO.2253 OF 2023

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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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Sd/- N.NAGARESH JUDGE

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ded

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W.P.(C) NO.2253 OF 2023

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APPENDIX OF WP(C) 2253/2023

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PETITIONER EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE TAX RECEIPT BEARING
RECEIPT NO. KL04021610461/2022 DATED
01/07/2022 FOR THE PROPERTY IN SURVEY
NOS. 198/1-7, 198/1-8 OF THANEERMUKKON
NORTH VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT

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EXHIBIT P2A TRUE COPY OF THE FORM 6 FILED AS PER
THE PROVISIONS OF KERALA CONSERVATION
OF PADDY LAND AND WETLAND RULES, 2008
BEARING APPLICATION NO. 1/2022/1072092
DATED 26/07/2022
EXHIBIT P3A TRUE COPY OF THE REPORT OF
AGRICULTURAL OFFICER, KRISHI BHAVAN
THANEERMUKKOM IN REPORT NO. KBT
16/2022-23 DATED 08/07/2022
EXHIBIT P4A TRUE COPY OF THE FORM 5 FILED AS PER
THE PROVISIONS OF KERALA CONSERVATION
OF PADDY LAND AND WET LAND ACT,2008
DATED 26/03/2021

Capt. Vinod Narayanan v. Village Officer

Case brief

What is this about?

What did the court decide?

Capt. Vinod Narayanan v. Village Officer

Case brief

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What did the court decide?

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