Ibrahim vs State Of Kerala
2022 Latest Caselaw 5738 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 17079 OF 2022
PETITIONERS:

    1      IBRAHIM
           AGED 56 YEARS,S/O MUHAMMED,
           POOVATHUMCHOTTIL HOUSE, MANARI P.O,
           ERNAKULAM DISTRICT, PIN - 686673
    2      BASHEER
           AGED 54 YEARS,S/O MUHAMMED,
           KOONAMPARAMBIL HOUSE, MULAVOOR P.O,
           ERNAKULAM DISTRICT, PIN - 686673

           BY ADVS.
                      PEEYUS A.KOTTAM
                      JOMON J. MALIEKAL
                      ARJUN S BENEDICT


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2      REVENUE DIVISIONAL OFFICER
           GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD,
           MUVATTUPUZHA, PIN - 686673
    3      TAHSILDAR (LR)
           TALUK OFFICE, FOURTH FLOOR, REVENUE TOWER,
           SH 16, KOTHAMANGALAM, PIN - 686666


           GOVERNMENT PLEADER SMT.PRINCY XAVIER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 17079                      2

                              JUDGMENT

The petitioners are the co-owners in possession of 17.78 Ares of

land comprised in Sy.Nos.1448/1-3-3 and 1448/1-3-2 of Mulavoor

Village in Ernad Taluk. The learned counsel for the petitioners submits

that the said property is lying as converted land and the same is not

suitable for paddy cultivation and is not included in the data bank. The

nature of the land is shown as 'Nilam' in the revenue records. The

prayer of the petitioners is for an expeditious consideration of Ext.P2

application in Form No.6 for change of the nature of the land in

question.

Having heard the learned Government Pleader and without

expressing any opinion on the merits of the matter, this writ petition is

disposed of directing the second respondent to consider and pass orders

on Ext.P2 application after verifying the relevant materials and reports

from the KSRSEC and in the light of Ext.P6 decision. The entire

proceedings shall be completed within a period of three months from the

date of receipt of copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX OF WP(C) 17079/2022

PETITIONERS' EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE YEAR 2020-

Exhibit2 THE TRUE COPY OF THE APPLICATION IN FORM NO. 6 SUBMITTED BY THE PETITIONERS FOR CHANGING THE DESCRIPTION OF PROPERTIES IN THE REVENUE RECORDS Exhibit P3 TRUE COPY OF THE RECEIPT DATED 22.09.2020 SHOWING PAYMENT OF RS.1000/- FOR SUBMITTING EXT-P2 APPLICATION Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE TAHSILDAR TO THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA DATED 23.06.2021 Exhibit P5 TRUE COPY OF THE KSREC REPORT OBTAINED PERTAINING TO THE PROPERTY IN SY.NO. 1448/1 OF KOTHAMANGALAM VILLAGE Exhibit P6 TRUE COPY OF THE JUDGMENT REPORTED IN 2020 (2) KHC 94 (MATHER NAGAR RESIDENTS ASSOCIATION AND ANOTHER VS. DISTRICT COLLECTOR, ERNAKULAM)

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