Kerala High Court
Mikha Babu Thomas vs District Collector on 25 October, 2024
2024:KER:80526
WP(C).NO.33141/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 33141 OF 2024
PETITIONER:
MIKHA BABU THOMAS, AGED 34 YEARS,
S/O.LATE. BABU THOMAS, S-18, BOMBAY ANNEX, SECTOR 17,
SUNFLOWER ROAD, VASHI, NAVI MUMBAI, MAHARASHTRA, PIN -
400703.
BY ADVS. M/S.B.K.GOPALAKRISHNAN & NIKITHA P.
RESPONDENTS:
1 DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
2 REVENUE DIVISIONAL OFFICER (RDO),
REVENUE DIVISIONAL OFFICE, ADOOR, PATHANAMTHITTA
DISTRICT, PIN - 691523.
3 TAHASILDAR,
TALUK OFFICE, KOZHENCHERY TALUK, MINI CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
4 TAHASILDAR (LAND RECORDS),
TALUK OFFICE, KOZHENCHERY TALUK, MINI CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
5 VILLAGE OFFICER, VILLAGE OFFICE, MINI CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80526
WP(C).NO.33141/2024
2
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 33141 of 2024
=====================================
Dated this the 25th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having a total extent of 19.63 Ares, more particularly described as 19.43 ares of land comprised in Survey No. 169/1-1-1 and 20 sq.m. of land comprised in Survey No. 151/2B-2 of Kozhencherry Taluk, in Pathanamthitta Village in Pathanamthitta District, has preferred Ext.P6 application under Form-6 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the Rules) seeking change of user of the property in the data bank.
2. The learned counsel for the petitioner submits that no orders have been passed on the statutory application so far.
3. Accordingly, there will be a direction to the 5 th respondent Village Officer to give sufficient inputs required under the Act and the Rules 2024:KER:80526 WP(C).NO.33141/2024 3 to the 2nd respondent Revenue Divisional Officer or the officer authorised under Section 2(XVA) of the Act, within one month from today. On receipt of the same, the 2nd respondent Revenue Divisional Officer/authorised officer will consider Ext.P6 application within two months thereafter and pass orders strictly in terms of the Act and the Rules.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C. P. , JUDGE MMG 2024:KER:80526 WP(C).NO.33141/2024 4 APPENDIX OF WP(C).NO.33141/2024 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE RDO BEARING THE ORDER NO.7158/04/B3/KDIS DATED 15-4-2005 ISSUED TO PATHROS PATHROS MATHAI EXHIBIT P2 A TRUE COPY OF THE SALE DEED NO. 109/1/2013 DATED 10-12-2012 EXHIBIT P3 LAND TAX RECEIPT DATED 16-1-2013 EXHIBIT P4 A TRUE COPY OF THE PARTITION DEED NO. 2710 DATED 21-12-2023 EXHIBIT P5 A TRUE COPY OF THE VILLAGE TAX RECEIPT DATED 13.02.2024 EXHIBIT P6 A TRUE COPY OF THE APPLICATION EXHIBIT P7 A TRUE COPY OF THE INQUIRY REPORT OF THE VILLAGE OFFICER DATED 21-5-2024 EXHIBIT P8 THE PHOTOS SHOWING THE BUILDINGS IN THE NEARBY AREA AND THE SUBJECT PROPERTY EXHIBIT P9 A TRUE COPY OF THE APPLICATION DATED 12-8-
2024 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR EXHIBIT P10 A TRUE COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER BEARING THE LETTER NO.TKKZHY/2099/2024-C9 DATED 14-8-2024