Ravi vs District Collector
2023 Latest Caselaw 13572 Ker

Kerala High Court

Ravi vs District Collector on 21 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                               1945
                     WP(C) NO. 41279 OF 2023
PETITIONER:

           RAVI
           AGED 69 YEARS
           PULIKKATHARA, MULAVUKAD, PANAMBUKAD., PIN - 682504
           BY ADV DENIZEN KOMATH


RESPONDENTS:

    1      DISTRICT COLLECTOR
           CIVIL STATION, ERNAKULAM, PIN - 682030
    2      REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVENUE DIVISION OFFICER, FORT
           KOCHI., PIN - 682001
    3      AGRICULTURAL OFFICER
           KRISHI BHAVAN, MULAVUKAD, MULAVUKAD POST, KOCHI.,
           PIN - 682504
    4      VILLAGE OFFICER
           MULAVUKAD VILLAGE, MULAVUKAD POST, KOCHI., PIN -
           682504
           SMT. DEEPA NARAYANAN - GP
     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. 41279 of 2023
                               2

                            JUDGMENT

The petitioner states that he is the owner in

possession of 1.21 ares of landed property obtained by

Ext. P1 partition deed. The petitioner also and remitting

land tax for the property. He also states that, the above

said property was wrongly categorized as wetland in the

land tax receipt. The 4th respondent, Village Officer has

further certified that the land was included in the BTR as

converted land as evident from Ext. P3. However, in Ext.

P4 Fair Value Certificate issued by the Revenue Divisional

Officer, the nature of the petitioner's property has been

entered as wetland, which is against the entry in the

revenue and Village records. The petitioner has preferred

Ext. P5 appeal before the 1 st respondent against the

proceedings of the 2nd respondent. The limited prayer of

the petitioner is for a consideration of Ext. P5 appeal by

the 1st respondent.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

In the facts and circumstances of the case, there will

be a direction to the 1st respondent to consider Ext. P5

appeal, as expeditiously as possible, at any rate, within a

period of six weeks from the date of receipt of a certified

copy of this judgment.

The writ petition is disposed of.

Sd/-

                            MURALI PURUSHOTHAMAN
bnu                                  JUDGE



                            APPENDIX

PETITIONER EXHIBITS
Exhibit P-1         TRUE PHOTOCOPY OF THE PARTITION DEED

ISSUED FROM THE OFFICE OF SUB REGISTRAR, KANAYANNOOR TALUK, DATED 27.08.2020 Exhibit P-2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT OF PETITIONER'S PROPERTY DATED 12.05.2023 Exhibit P-3 TRUE PHOTOCOPY OF THE POSSESSION AND NON ATTACHMENT CERTIFICATE ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 16.11.2023 Exhibit P-4 TRUE PHOTOCOPY OF THE FAIR VALUE CERTIFICATE DATED 25.03.2023 Exhibit P-5 TRUE PHOTOCOPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.11.2023 Exhibit P-6 TRUE PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 25.11.2023