Kerala High Court
Ibrahim Kutty Mather vs The Revenue Divisional Officer on 18 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:53385
WP(C) NO. 23851 OF 2025
1
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. 23851 OF 2025
PETITIONER:
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
RESPONDENTS:
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
2025:KER:53385
WP(C) NO. 23851 OF 2025
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:53385
WP(C) NO. 23851 OF 2025
3
Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the co-owner in possession of 0.03 Ares of land comprised in Survey No.141/2-6 of Ernakulam Village, Kanayannur Taluk, covered under Ext.P1 land tax receipt. The property is an unnotified land. The petitioner desires to utilise the property for other purposes, other than agricultural activities. To change the classification of the property in the revenue records, the petitioner has submitted Ext.P3 application before the 1st respondent on 07.05.2025 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.
2025:KER:53385 WP(C) NO. 23851 OF 2025 4
3. On a consideration of the facts and materials on record, especially that Ext.P3 application is pending consideration before 2nd respondent since 07.05.2025 and the 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 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 rmm/18/7/2025 2025:KER:53385 WP(C) NO. 23851 OF 2025 5 APPENDIX OF WP(C) 23851/2025 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 27.11.2020 IN RESPECT OF PROPERTY IN SY. NO. 141/2-6 FOR THE PERIOD 2020-2021 ISSUED BY THE VILLAGE OFFICE; ERNAKULAM Exhibit -P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK DATED 22.02.2021 IS PRODUCED Exhibit -P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 6 DATED 07.05.2025 Exhibit -P4 TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF FORM NO. 6 APPLICATION DATED 07.05.2025