Disposed

Sumathy Amma v. the Revenue Divisional Officer

Kerala HC2 Aug 2023WP(C)/9068/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the arbitrary rejection of a Form-6 application under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, the Court held that since a statutory appeal was invoked, the writ petition is disposed of directing the District Collector to decide the appeal within two months. The Court sought to prevent untold hardship to the petitioner. No merit was actually exa

What did the court decide?

The writ petition is disposed of directing the District Collector to consider the statutory appeal filed by the petitioner and take an appropriate decision within two months.

Sumathy Amma Vs the Revenue Divisional Officer — Landlord and Tenant | 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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WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
WP(C) NO. 9068 OF 2023

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PETITIONER:

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SUMATHY AMMA, AGED 75 YEARS W/O KARUNAKARAN NAMBIAR, RAYAROTH HOUSE, NENHANNIAM, PERAMBRA P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN – 673525

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BY ADVS.
M.PROMODH KUMAR
GOPI KRISHNAN N.
MAYA CHANDRAN

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER RDO.OFFICE, VATAKARA, KOZHIKODE DISTRICT - 673101

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2 THE VILLAGE OFFICER MENHANNIAM, PERAMBRA P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673525

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ADDL R3 DISTRICT COLLECTOR CIVIL STATION, KOZHIKODE – 673020

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IS IMPLEADED AS PER ORDER DATED 02.08.2023 IN
I.A. NO.1 OF 2023.

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BY ADVS.

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SMT. AMMINIKUTTY K, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.9068 of 2023

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JUDGMENT

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Dated this the 2^nd day of August, 2023

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The petitioner, who is owner of 18.19 Ares of land comprised in Re-Survey Nos.66/3, 66/2 and 3 of Menhanniam Village of Kozhikode District, is aggrieved by rejection of her Form-6 application under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, made for the purpose of changing the nature of the land in Revenue records.

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The petitioner would submit that her land is in the nature of ‘Purayidam’, which stood converted as purayidam much prior to the year of enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008. However, the land continued to be described as ‘Nanja’ in Revenue records. As the petitioner wanted to use the land for more beneficial purpose, the petitioner submitted an application in Form-6 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 to change the nature of

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WP(C) No.9068 of 2023

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the land in Revenue records.

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The 1^st respondent-Revenue Divisional Officer has

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arbitrarily rejected the Form-6 application submitted by the petitioner as per Ext.P7 order dated 28.02.2023. The petitioner would submit that Ext.P7 is highly illegal, arbitrary and unsustainable. The petitioner has filed Ext.P8 appeal before the District Collector, Kozhikode aggrieved by Ext.P7. The petitioner has a fair chance to get the order of the Revenue Divisional Officer reversed in appeal. But, unless the appeal is heard and decided at an earlier date, the petitioner will be put to untold hardship, contended the counsel for the petitioner.

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Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. However, on behalf of the respondents, it is submitted that since the petitioner has invoked a statutory appellate remedy, the petitioner’s appeal can be considered by the competent

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WP(C) No.9068 of 2023

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authority in accordance with law.

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I find that Ext.P8 is a statutory appeal preferred by the petitioner invoking Section 27B of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Ext.P8 being a statutory appeal, the competent authority has to take a final decision in the appeal, within a reasonable time.

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The writ petition is therefore disposed of directing the additional 3^rd respondent-District Collector to consider Ext.P8 appeal filed by the petitioner and take appropriate decision thereon, within a period of two months.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.9068 of 2023

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APPENDIX OF WP(C) 9068/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUECOPYOFTHEPOSSESSION
CERTIFICATE OF THE PROPERTY ISSUED BY
THE 2ND RESPONDENT, DATED 10-01-2022
TO THE PETITIONER
Exhibit P2TRUE COPY OF THE CERTIFICATE DATD
10.01.22 ISSUED BY THE 2ND RESPONDENT
Exhibit P3TRUE COPY OF THE PHOTOGRAPH IN RESPECT
OF EXT.P1 LAND.
Exhibit P4TRUE COPY OF THE PHOTOGRAPH IN RESPECT
OF EXT.P1 LAND.
Exhibit P5TRUE COPY OF THE PHOTOGRAPH IN RESPECT
OF EXT.P1 LAND.
Exhibit P6TRUE COPY OF THE PETITIONER'S
APPLICATION SUBMITTED BEFORE THE 1ST
RESPONDENT, DATED 10-01-2022.
Exhibit P7TRUE COPY OF THE REJECTION ORDER IN
RESPECTOFPETITIONER'SEXT.P6
APPLICATION BY 1ST RESPONDENT, DATED
28-02-2023.
Exhibit P8TRUE COPY OF THE PETITIONER'S APPEAL
DATED:10/03/2023 BEFORE THE DISTRICT
COLLECTOR, KOZHIKODE

Sumathy Amma v. the Revenue Divisional Officer

Case brief

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Sumathy Amma v. the Revenue Divisional Officer

Case brief

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