IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17079 OF 2022
PETITIONERS:
1 IBRAHIM
AGED 56 YEARS,S/O MUHAMMED,
POOVATHUMCHOTTIL HOUSE, MANARI P.O,
ERNAKULAM DISTRICT, PIN - 686673
2 BASHEER
AGED 54 YEARS,S/O MUHAMMED,
KOONAMPARAMBIL HOUSE, MULAVOOR P.O,
ERNAKULAM DISTRICT, PIN - 686673
BY ADVS.
PEEYUS A.KOTTAM
JOMON J. MALIEKAL
ARJUN S BENEDICT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 REVENUE DIVISIONAL OFFICER
GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD,
MUVATTUPUZHA, PIN - 686673
3 TAHSILDAR (LR)
TALUK OFFICE, FOURTH FLOOR, REVENUE TOWER,
SH 16, KOTHAMANGALAM, PIN - 686666
GOVERNMENT PLEADER SMT.PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 17079 2
JUDGMENT
The petitioners are the co-owners in possession of 17.78 Ares of land comprised in Sy.Nos.1448/1-3-3 and 1448/1-3-2 of Mulavoor Village in Ernad Taluk. The learned counsel for the petitioners submits that the said property is lying as converted land and the same is not suitable for paddy cultivation and is not included in the data bank. The nature of the land is shown as 'Nilam' in the revenue records. The prayer of the petitioners is for an expeditious consideration of Ext.P2 application in Form No.6 for change of the nature of the land in question.
Having heard the learned Government Pleader and without expressing any opinion on the merits of the matter, this writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P2 application after verifying the relevant materials and reports from the KSRSEC and in the light of Ext.P6 decision. The entire proceedings shall be completed within a period of three months from the date of receipt of copy of this judgment.
Sd/-
MURALI PURUSHOTHAMAN JUDGE W.P.(C)No. 17079 3 APPENDIX OF WP(C) 17079/2022 PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE YEAR 2020- 21. Exhibit2 THE TRUE COPY OF THE APPLICATION IN FORM NO. 6 SUBMITTED BY THE PETITIONERS FOR CHANGING THE DESCRIPTION OF PROPERTIES IN THE REVENUE RECORDS Exhibit P3 TRUE COPY OF THE RECEIPT DATED 22.09.2020 SHOWING PAYMENT OF RS.1000/- FOR SUBMITTING EXT-P2 APPLICATION Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR TO THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA DATED 23.06.2021 Exhibit P5 TRUE COPY OF THE KSREC REPORT OBTAINED PERTAINING TO THE PROPERTY IN SY.NO. 1448/1 OF KOTHAMANGALAM VILLAGE Exhibit P6 TRUE COPY OF THE JUDGMENT REPORTED IN 2020 (2) KHC 94 (MATHER NAGAR RESIDENTS ASSOCIATION AND ANOTHER VS. DISTRICT COLLECTOR, ERNAKULAM) spc/