Creators Constructions vs Revenue Divisional Officer
2023 Latest Caselaw 13556 Ker

Kerala High Court

Creators Constructions vs Revenue Divisional Officer on 21 December, 2023

W.P.C.No.43419/2023                         1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                                     1945
                        WP(C) NO. 43419 OF 2023
PETITIONER:

             CREATORS CONSTRUCTIONS,
             AGED 52 YEARS,
             REP.BY K.J THMOAS, EDAPALLY P.O, ERNAKULAM,
             PIN - 682 024.

             BY ADVS.
             ELIZEBATH GEORGE
             CYRIAC KURIAN
             EMMANUEL CYRIAC



RESPONDENT:

       1     REVENUE DIVISIONAL OFFICER,
             FIRST FLOOR, KB JACOB RD, FORT KOCHI, KOCHI,
             PIN - 682 001.

       2     PRINCIPAL AGRICULTURAL OFFICER,
             ECHAMUKU, KUNNUMPURAM, PADAMUGHAL, KAKKANAD,
             ERNAKULAM, PIN - 682 030.


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.12.2023,     THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C.No.43419/2023                     2

                              JUDGMENT

The petitioner has approached this Court seeking following

reliefs:

           "i)    Issue a writ of mandamus or other
           appropriate     writ,    order     or    direction

commanding the 1st respondent to consider and pass orders on Exhibit-P2 application in Form No.6 as expeditiously;

ii) Allow the petitioner to dispense with filing of the translation of vernacular documents.

iii) To grant such other order or direction which this Hon'ble Court would deem just and proper to grant in the facts and circumstances of the case."

2. The grievance of the petitioner is that, eventhough the

property of the petitioner is not included in the data bank prepared

under the Kerala Conservation of Paddy Land and Wetland Act, as

it was converted prior to 2008, the said property is described as

paddy land in the revenue records. In such circumstances the

petitioner submitted Ext.P2 application in Form- 6 and the same is

pending before the 1st respondent. The said application has been

submitted on 21.02.2023. The limited prayer sought is to direct

the 1st respondent to dispose of the said application.

After hearing both the parties, this writ petition is disposed of

directing the 1st respondent to take up Ext.P2 application and pass

appropriate orders in accordance with law, as expeditiously as

possible, at any rate within a period of four months from the date

of receipt of a copy of this judgment. It is clarified that it shall be

open for the petitioner to submit an argument note along with the

records which he relies on, in support of his contentions.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/21.12.23

APPENDIX OF WP(C) 43419/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT PAID DURING THE YEAR 2023-2024 DATED 03-05-2023

Exhibit P2 TRUE COPY OF THE APPLICATION IN FORM NO.

6 SUBMITTED BY THE PETITIONER DATED 21- 02-2023