Vijayan Kurup vs The District Collector
2024 Latest Caselaw 6241 Ker

Kerala High Court

Vijayan Kurup vs The District Collector on 29 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
                         WP(C) NO.7771 OF 2024
PETITIONER:

             VIJAYAN KURUP, AGED 68 YEARS
             S/O.KANARAN NAIR, KOLANGARAKANDY HOUSE,
             NARIKKUNI VILLAGE, THAMARASSERY TALUK,
             KOZHIKODE, PIN - 673573
             BY ADVS.
             T.G.RAJENDRAN
             T.R.TARIN


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             DISTRICT COLLECTORATE OFFICE, CIVIL STATION,
             ERANHIPPALAM KOZHIKODE, PIN - 673006
     2       THE REVENUE DIVISIONAL OFFICER
             CIVIL STATION, KOZHIKODE, PIN - 673006
     3       THE TAHSILDAR
             THAMARASSERY TALUK OFFICE, KOZHIKODE, PIN - 673573
     4       THE VILLAGE OFFICER, NARIKKUNI VILLAGE OFFICE,
             NARIKKUNI, KOZHIKODE, PIN - 673585
     5       THE AGRICULTURAL OFFICER
             NARIKKUNI KRISHI BHAVAN, KOZHIKODE, PIN - 673585
             BY SR.GP.SMT.K.AMMINIKUTTY

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.7771 of 2024            2



                               JUDGMENT

The petitioner is the co-owner in possession

of an extent of 2.90 Ares of land comprised in

Sy.No.237/76 of Narikkuni Village, Thamarassery

Taluk, Kozhikode District as per Partition Deed

No.2545/2015 of the SRO, Koduvally. According to

the petitioner, though the property was initially

included in the Data Bank, the same was removed as

per Ext.P3. The petitioner, thereafter, submitted

Ext.P4 application in Form 9 under Rule 4(d) of

the Kerala Conservation of Paddy land and Wetland

Rules, 2008 before the 2nd respondent/Revenue

Divisional Officer for changing the nature of land

on the ground that the property was converted much

prior to 1967. The prayer of the petitioner is for

an expeditious disposal of Ext.P4 Form 9

application.

2. Heard the learned counsel for the

petitioner and the learned Government Pleader.

3. In the facts and circumstances of the case

and having regard to the submissions made across

the Bar, there will be a direction to the 2 nd

respondent to consider Ext.P4, as expeditiously as

possible, at any rate, within a period of two

months from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of

the judgment, along with a copy of the writ

petition, before the 2nd respondent for due

compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/01/03/2024

APPENDIX

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 16.6.2023 Exhibit P2 TRUE COPY OF THE REPORT ISSUED BY THE 5TH RESPONDENT DATED 2.12.2019 Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 21.1.2020 Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 9 BEFORE THE 2ND RESPONDENT DATED 18.5.2022