Kerala High Court
Johny K. P vs The State Of Kerala on 28 May, 2024
WP(C) No.20560/2022 1/3 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 20560 OF 2022
PETITIONER:
JOHNY K. P, AGED 59 YEARS, S/O. K.I. PAILY, KAMNNAMPUZHA HOUSE,
MEKKAD P. O., NEDUMBASSERY VILLAGE ERNAKULAM DISTRICT, PIN - 683589
RESPONDENTS:
1. THE STATE OF KERALAM REP BY ITS PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
2. THE REVENUE DIVISIONAL / SUB COLLECTOR, FORT KOCHI FIRST FLOOR, KB
JACOB RD, FORT KOCHI, KOCHI, KERALA, PIN - 682001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent Sub Collector/Revenue Divisional
Officer, Fort Kochi, to process the Ext.P2 application of the petitioner
and to issue orders thereon without insisting additional fee for the grant
of change of nature of land as stipulated in Note (I) to the fees schedule
of Ext.P7 and as per Ext.P12 clarification letter, pending disposal of the
above writ petition, in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
27/06/2022 and upon hearing the arguments of M/S.K.J.MOHAMMED ANZAR,
P.K.MINIMOLE, MUHAMMED ASHIQUE, G.MOTILAL & ROHAN MAMMEN ROY, Advocates
for the petitioner, the court passed the following:
WP(C) No.20560/2022 2/3 Order Date : 28-05-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) Nos. 2785/2021, 2012/2021, 14441/2021,
22561/2021, 26871/2021, 26974/2021, 27477/2021,
5997/2022, 20560/2022, 25734/2022, 27851/2022,
28494/2022, 29722/2022, 34951/2022, 34973/2022,
36576/2022, 39287/2022, 42019/2022, 42802/2022,
233/2023, 459/2023, 591/2023, 697/2023, 2515/2023,
7097/2023, 7676/2023, 15372/2023, 20897/2023,
20976/2023, 22264/2023, 24368/2023, 24457/2023,
25372/2023, 28799/2023, 33196/2023, 36531/2023,
9005/2024, 10292/2024, and 10532/2024
========================
Dated this the 28th day of May, 2024
ORDER
Parties are directed to complete their pleadings within three
weeks. Learned Government Pleader is directed to ensure that all the
respondents are given a copy of the counter affidavit filed along with
the adoption memo.
It will be open to the petitioners to file a convenience compilation
a week before the date for hearing.
Post for hearing on 21.06.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.20560/2022 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 20560/2022
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1157/2018 OF SRO,
ANGAMALI
Exhibit P2 TRUE COPY OF THE APPLICATION IN FORM-6 DATED 17.12.2020
SUBMITTED BEFORE THE 2ND RESPONDENT RDO
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 23.03.2021 FOR THE
EXTENSION OF THE BUILDING PERMIT AND ISSUANCE OF
OCCUPANCY CERTIFICATE
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 08.04.2021 IN WPC
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 23.05.2021 IN WPC 8930
OF 2021
Exhibit P6 TRUE COPY OF THE NOTICE NO. RDOCHN/780/2021-K1 DATED
28.03.2022 .
Exhibit P7 TRUE COPY OF THE FEE SCHEDULE PUBLISHED VIDE SRO NO.
369/2021 AS PER EXTRA ORDINARY GAZETTE NOTIFICATION NO.
1471 DATED 25.02.2021.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 17.05.2021 IN WPC
NO. 2785 OF 2021
Exhibit P9 TRUE COPY OF THE INTERIM ORDER ISSUED IN WPC NOS: 2012
AND 14441 OF 2021
Exhibit10 TRUE COPY OF THE SAID INTERIM ORDER IN WPC 8881 OF 2022
DATED 17.03.2022
Exhibit P11 TRUE COPY OF THE ORDER NO. RDOKTM/476/2020/B1/KDIS
DATED 18.05.2022
Exhibit P12 TRUE COPY OF THE SAID CLARIFICATION LETTER OF THE 1ST
RESPONDENT DATED 09.04.2022
