Ibrahim Kutty Mather vs The Revenue Divisional Officer

Citation : 2025 Latest Caselaw 1183 Ker
Judgement Date : 18 July, 2025

Kerala High Court

Ibrahim Kutty Mather vs The Revenue Divisional Officer on 18 July, 2025

Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 23791 OF 2025
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                                                        2025:KER:53717

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE C.S.DIAS

        FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947

                        WP(C) NO. 23791 OF 2025

PETITIONER/S:

            IBRAHIM KUTTY MATHER, AGED 84 YEARS
            S/O. LATE. K.C.M. MATHER,NOOR MAHAL, ERNAKULAM, PIN -
            682018


            BY ADVS.
            SMT.C.K.SHERIN
            SMT.BLESSY MARY SEBASTIAN


RESPONDENT/S:

    1       THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL
            OFFICE, KB JACOB ROAD, FORT KOCHI, PIN - 682001

    2       DEPUTY COLLECTOR (RR), COLLECTORATE, CIVIL STATION,
            KAKKANAD, ERNAKULAM, PIN - 682030

    3       THE TAHSILDAR
            KANAYANNUR TALUK, ERNAKULAM, PIN - 682312

    4       THE VILLAGE OFFICER, VILLAGE OFFICE, ERNAKULAM VILLAGE,
            ERNAKULAM, PIN - 682312


OTHER PRESENT:

            SR.GP.SMT.VIDYA KURIAKOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23791 OF 2025
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                                                                   2025:KER:53717

                                   C.S.DIAS, J.
                        ---------------------------------------
                       WP(C) No.23791 OF 2025
                       -----------------------------------------
                   Dated this the 18th day of July, 2025

                                 JUDGMENT

The petitioner is the owner in possession of 0.89 Ares of land comprised in Survey No.141/2-4 in Ernakulam Village, Kanayannur Taluk covered under Ext.P1 land tax receipt. The property is a converted land. The petitioner desires to utilise the property for non-agricultural purposes. To change the nature of the property in the revenue records, the petitioner has submitted Ext.P3 application before the 1st respondent on 08.05.2025 in Form 6 under Section 27A read with Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008 ('Act and Rules' in short). But, the application has not been considered till date. Hence, the writ petition.

2. Heard; the learned counsel for the petitioner and the learned Government Pleader.

3. On a consideration of the facts and materials on record, especially that Ext.P3 application is pending consideration before 1st respondent since 08.05.2025 and the WP(C) NO. 23791 OF 2025 3 2025:KER:53717 same is statutory in nature, without expressing anything on the merits of the application, I allow the writ petition by ordering as follows:

(i) The 4th respondent is directed to submit his report as provided under Rule 12(4) of the Rules, to the 2nd respondent/authorised officer, within two months from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 2nd respondent/authorised officer shall consider and dispose of Ext.P3 application, in accordance with law, and as expeditiously as possible, at any rate, within two months from the date of receipt of the above report.

The writ petition is ordered accordingly.

sd/-

C.S.DIAS, JUDGE rkc/18.07.25 WP(C) NO. 23791 OF 2025 4 2025:KER:53717 APPENDIX OF WP(C) 23791/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 08.05.2025 FOR THE PERIOD 2025-2026 ISSUED BY THE VILLAGE OFFICE; ERNAKULAM Exhibit -P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK DATED 22.02.2021 Exhibit -P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 6 DATED 08.05.2025 Exhibit -P4 TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF FORM NO. 6 APPLICATION DATED 08.05.2025