Raju vs The Revenue Divisional Officer
2021 Latest Caselaw 18452 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                        WP(C) NO. 18136 OF 2021
PETITIONER:

          RAJU
          AGED 72 YEARS
          S/O. AYYAPPAN CHETTIYAR, ERAVIMANGALAM ANGADIPARAMBIL
          HOUSE, MULLAKKARA, P. O. MANNUTHY, NEAR DON BOSCO
          SCHOOL, THRISSUR - 680561.

          BY ADV SHOBY K.FRANCIS



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF RDO, COLLECTORATE, AYYANTHOLE P. O.,
          THRISSUR DT. - 680003.

    2     LOCAL LEVEL MONITORING COMMITTEE OF THRISSUR MUNICIPAL
          CORPORATION
          REPRESENTED BY ITS AGRICULTURAL FIELD OFFICER /
          AGRICULTURAL OFFICER, KRISHI BHAVAN, OLLUKKARA, P. O.
          MANNUTHY, THRISSUR - 680651.

    3     AGRICULTURAL FIELD OFFICER / AGRICULTURAL OFFICER
          KRISHI BHAVAN, OLLUKKARA, P. O. MANNUTHY,
          THRISSUR - 680651.

    4     TAHSILDAR
          TALUK OFFICE, THRISSUR TALUK, MINI CIVL STATION,
          CHEMBOOKKAVU P. O., THRISSUR - 680020.

    5     VILLAGE OFFICER
          OLLUKKARA VILLAGE, MANNUTHY P. O., THRISSUR - 680651.



          SRI. S. RENJITH-SPL.G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18136 OF 2021

                                           2


                                  JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus directing the 1 st respondent to consider the Exhibit P8 representation along with the Exhibit P4 application taking into account the direction of this Hon'ble Court in Exhibit P6 judgment limiting to the property to the extent of 23 ½ cents of land (9.32 ares) instead of 28 ½ cents comprised in survey no.79/4 of Ollukkara Village.

ii) issue a writ of mandamus directing the 1 st respondent to consider, dispose and pass orders on the Exhibits P8 representation along with the Exhibit P4 within a time limit after hearing the petitioner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

the petitioner owns 2 items of property having an extent of 9.32 ares in

Survey No.79/4 and 3.36 ares in the very same Survey Number of

Ollukkara Village in Thrissur Taluk. It is submitted that the total extent

of the property comes to 11.59 ares that is 28 ½ cents. The petitioner

had submitted an application under Form 6 for the utilization of the

land for other purposes, since the land was recorded in the revenue WP(C) NO. 18136 OF 2021

records as paddy land. The application was in respect of the entire

extent of property. Ext.P3 is the application which is dated 02.03.2021.

It is submitted that thereafter, the petitioner has submitted Ext.P8

request before the RDO seeking to change the extent of land by

removing the extent of 3.36 ares of land from the application so that

his application could be considered without paying the exorbitant fees.

The petitioner, therefore, seeks a consideration of Ext.P8

representation and Ext.P3 application.

4. The learned Government Pleader submits that there does not

appear to be any embargo in the Rules with regard to request made by

the petitioner for consideration of Form 6 application with respect to a

lesser extent of land. However, it is submitted that since the petitioner

is the owner of both the items of property and since 3.36 ares out of the

total extent of property is now sought to be removed from the

application, in case any further request is made with regard to the said

3.36 ares of property in Survey No.79/4 of the Ollukkara Village of

Thrissur Taluk, then the application in that regard will have to be

accompanied by the fees for the entire extent of 11.59 ares of property,

in view of the fact that the property stands in the name of the WP(C) NO. 18136 OF 2021

petitioner and is the part of one plot. It is further submitted that all

documents, including survey sketch are also required for a

consideration of Ext.P8 application.

5. The learned counsel for the petitioner submits that an

approved survey sketch already accompanies Ext.P8 representation

and that Ext.P3 application and Ext.P8 representation are, therefore,

liable to be considered together by the respondents.

Having considered the contentions advanced, there will be a

direction to the 1st respondent to consider and pass orders on Ext.P8

representation preferred by the petitioner and on Ext.P3 application in

accordance with law. However, the petitioner shall undertake that in

case any application is filed in future for the conversion of 3.36 ares of

property which is now admittedly a part of the petitioner's property,

then that application will be accompanied by fees for the entire extent

of 11.59 ares of property which is owned by the petitioner as on today.

In case such an undertaking is submitted by the petitioner, the issue

shall be appropriately considered by the 1 st respondent in accordance

with law, within a period of three months from the date of receipt of a

copy of this judgment, after obtaining all due reports from the Village WP(C) NO. 18136 OF 2021

Officer and after conducting site inspection, if necessary.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 18136 OF 2021

APPENDIX OF WP(C) 18136/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 08.07.2021.

Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK DATED 22.01.2021 PUBLISHED IN OFFICIAL GAZETTE.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT IN FORM NO.6 UNDER RULE CHANGE THE STATUS OF THE PROPERTY DATED 2.3.2021.

Exhibit P4 TRUE COPY THE INTIMATION DATED 9.3.2021 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE CHALAN DATED 21.01.2021.

Exhibit P6                TRUE COPY OF JUDGMENT IN WP(C)
                          NO.6864/2021 DATED 17.03.2021.

Exhibit P7                TRUE COPY THE MEDICAL CERTIFICATE DATED

20.08.2021 ISSUED BY THE CARDIOLOGIST TO THE PETIITONER.

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 31.08.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR LIMITING THE CONSIDERATION OF THE EXHIBIT P4 APPLICATION TO THE EXTENT OF 23 1/2 CENTS OF LAND (9.32 ARES) COMPRISED IN SURVEY NO.79/4 OF OLLUKARA VILLAGE INSTEAD OF 28 1/2 CENTS.