Abdurahiman A.V vs The Revenue Divisional Officer, ...

Citation : 2022 Latest Caselaw 6297 Ker
Judgement Date : 3 June, 2022

Kerala High Court
Abdurahiman A.V vs The Revenue Divisional Officer, ... on 3 June, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(C) NO. 14022 OF 2022
PETITIONER:

            ABDURAHIMAN A.V.
            AGED 63 YEARS
            S/O.KUNJHIBAVA, AMBALATH VEETTIL HOUSE,
            KOLLANPADI, PONNANI TALUK,
            MALAPPURAM DISTRICT, PIN - 679577
            BY ADVS.
            C.M.MOHAMMED IQUABAL
            RAIHANATH T.H.


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER, TIRUR
            THE REVENUE DIVISIONAL OFFICE, TIRUR P.O.,
            MALAPPURAM DISTRICT, PIN - 676101
    2       THE AGRICULTURAL OFFICER,
            KALADY AGRICULTURAL OFFICE,
            KALADY P.O., MALAPPURAM DISTRICT, PIN - 679582
    3       THE TAHSILDAR
            PONNANI TALUK OFFICE,
            PONNANI P.O., MALAPPURAM DISTRICT,, PIN - 679577
    4       THE VILLAGE OFFICER
            KALADY VILLAGE OFFICE,
            KALADY P.O., MALAPPURAM DISTRICT, PIN - 679582
    5       THE LOCAL LEVEL MONITORING COMMITTEE,
            KALADY AGRICULTURAL OFFICE, KALADY P.O., MALAPPURAM
            DISTRICT, REPRESENTED BY ITS CONVENER, PIN - 679582
            BY ADV. SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14022 OF 2022
                                           2


                    P.V.KUNHIKRISHNAN, J.
                   ------------------------------
                  W.P.(C).No. 14022 of 2022
           ----------------------------------------------
            Dated this the 03rd day of June, 2022

                                 JUDGMENT

The above writ petition is filed with the following prayers:

"(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1 st respondent to pass an order changing the nature of the property covered by Ext.P1 document as per Ext.P3 and P4 applications filed by the petitioner;
(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1 st respondent to consider and pass appropriate orders on Ext.P3 and P4 applications submitted by the petitioner, within a time stipulated by this Hon'ble Court.

(c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."[SIC]

2. When this writ petition came up for consideration, the learned counsel appearing for the petitioner submitted that, he will be satisfied, if a direction is issued to the 1 st respondent to consider Exts.P3 and P4 applications submitted by the petitioner. The counsel submitted that, as evident WP(C) NO. 14022 OF 2022 3 from Ext.P5, it is clear that Exts.P3 and P4 applications are pending before the 1st respondent.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.

4. The learned Government Pleader submitted that appropriate orders will be passed by the authorities in accordance to law.

Therefore this writ petition is disposed of in the following manner:

i. The 1st respondent is directed to consider and pass orders in Ext.P3 application, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
ii. Based on the decision in Ext.P3, the 1 st respondent will pass consequential order in Ext.P4 forthwith, at any rate, within a period of two weeks from the date of passing the orders in Ext.P3 Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 14022 OF 2022 4 APPENDIX OF WP(C) 14022/2022 PETITIONER EXHIBITS EXHIBIT -P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 17.09.2020 EXHIBIT -P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF KALADY VILLAGE EXHIBIT-P3 THE TRUE COPY OF THE APPLICATION UNDER FORM 5 OF PADDY LAND RULES PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.02.2021 EXHIBIT -P4 THE TRUE COPY OF THE APPLICATION UNDER FORM 6 OF PADDY LAND RULES PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.02.2021 EXHIBIT -P5 THE TRUE COPY OF THE COMMUNICATION ISSUED BY 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 17.02.2021 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE