Citation : 2023 Latest Caselaw 11437 Ker
Judgement Date : 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 30175 OF 2023
PETITIONER:
K.MURALIDHARAN, AGED 71 YEARS
S/O.K.P.APPU MENON (LATE), 44/643,
12 DD VILLAGE, MAY FIRST ROAD, THAMMANAM.P.O.,
ERNAKULAM DISTRICT., PIN - 682032
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 REVENUE DIVISIONAL OFFICER, FORT KOCHI
REVENUE DIVISIONAL OFFICE, KB JACOB RD,
FORT KOCHI, KOCHI HEAD POST, ERNAKULAM.,
PIN - 682001
3 DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, CIVIL STATION, KAKKANAD POST,
ERNAKULAM DISTRICT., PIN - 682030
4 TAHSILDAR
TALUK OFFICE, KANAYANNUR, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM.,
PIN - 682011
5 VILLAGE OFFICER
VILLAGE OFFICE, KAKKANAD, THRIKKAKKARA,
ERNAKULAM., PIN - 682030
6 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKARA,
ERNAKULAM DISTRICT., PIN - 682030
WP(C) No.30175 of 2023 2
7 AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKARA,
ERNAKULAM DISTRICT., PIN - 682030
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.30175 of 2023 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) No.30175 of 2023
.................................................................
Dated this the 8th day of November, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the 2 nd
respondent to consider and pass orders on Ext.P4 application in Form 7 within a
time limit to be fixed by this Court.
2. Petitioner is the absolute owner and title holder of an extent of 38.45 Ares of
land comprised in survey no.716/2-4 of Kakkanad Village in Ernakulam District.
Petitioner submits that the abovesaid land is shown as "nilam" in the revenue
records and thereupon he preferred Ext.P4 application in Form 7 before the 2 nd
respondent to change the nature of land and for permitting him to utilize the land
for dry land purposes.
3. Heard the learned Government Pleader also.
After hearing both sides I am inclined to dispose of the writ petition with a
direction to the 2nd respondent to consider and pass orders on Ext.P4 application in
Form 7 submitted by the petitioner as expeditiously as possible, at any rate within
an outer limit of four months from the date of receipt of a copy of the judgment.
With the abovesaid direction, the above writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE cks
APPENDIX OF WP(C) 30175/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT DATED 01.04.2022 ISSUED BY THE KAKKANAD VILLAGE OFFICE.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 13.04.2022 ISSUED BY THE KAKKANAD VILLAGE OFFICE.
Exhibit P3 TRUE COPY OF THE ORDER IN FILE NO.864/2023 DATED 09.03.2023 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 A COPY OF THE FORM.7 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 08.08.2023.
Exhibit P4(a) A COPY OF THE FEE PAYMENT RECEIPT NO.KL07021713911/2023 DATED 11.08.2023 FOR RS.1,000/-.
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