Usha vs The Revenue Divisional Officer

Citation : 2024 Latest Caselaw 12182 Ker
Judgement Date : 14 May, 2024

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Kerala High Court

Usha vs The Revenue Divisional Officer on 14 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                      WP(C) NO. 17647 OF 2024
PETITIONER:

           USHA
           AGED 58 YEARS
           W/O MOHANDAS P.V,, PUTHENPURAYIL HOUSE, VADACODE
           KARA, VADACODE P.O, AND NOW RESIDING AT 'USHA
           BHAVAN', PUTHENPURAYIL HOUSE, MAVELIPURAM,
           KAKKANAD P.O, KAKKANAD, ERNAKULAM DISTRICT,
           PIN - 682030
           BY ADVS.
           G.G.MANOJ
           S.SARATH PRASAD


RESPONDENTS:

      1      THE REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, K.B JACOB ROAD, FORT
             KOCHI, ERNAKULAM DISTRICT., PIN - 682001
      2      TAHASILDAR (LR)
             KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE, NEAR
             SUBHASH PARK, MARINE DRIVE, KOCHI, ERNAKULAM
             DISTRICT., PIN - 682011
      3      VILLAGE OFFICER
             THRIKKAKKARA NORTH VILLAGE OFFICE EDAPPALLY
             KOONAMTHAI KERALA, PIN - 682024
OTHER PRESENT:

             GP - ADV.PARVATHY K


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.17647 of 2024        :2:



                           VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.17647 of 2024
         --     -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 14th day of May, 2024

                              JUDGMENT

The petitioner has approached this Court seeking a direction to the 1st respondent to consider and pass orders on Ext.P2 - Form 6 application, submitted by the petitioner.

2. The petitioner is the absolute owner and in possession of an extent of 03.50 Ares of land in Re-Survey No.868/5 in Re. Survey Block No.5 of Thrikkakkara North Village, Kanayannur Taluk. In the Basic Tax Register, the above property is described as 'Nilam'(paddy land). Thereupon the petitioner has preferred Ext.P2 application in Form-6 before the 1st respondent, to change the nature of the property.

3. Heard the learned Government Pleader also. After hearing both sides, I am inclined to dispose of the above writ petition with a direction to the 1 st respondent to consider and pass orders on Ext.P2 application submitted by the petitioner in accordance with law, within an outer limit of three months from the date of receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE sm/ W.P.(C). No.17647 of 2024 :3: APPENDIX OF WP(C) 17647/2024 PETITIONER EXHIBITS Exhibit -P1 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE ABOVE PROPERTY DATED 22.06.2023 ISSUED BY ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER Exhibit -P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM NO. 6 DATED 20.03.2024 BEFORE THE 1ST RESPONDENT Exhibit -P3 THE TRUE COPY OF THE RECEIPT DATED 20.03.2024 EVIDENCING THE REMITTANCE OF FEE FOR THE EXT-P2 APPLICATION