Gopi vs Revenue Divisional Officer
2024 Latest Caselaw 31385 Ker

Kerala High Court

Gopi vs Revenue Divisional Officer on 2 November, 2024

                                                       2024:KER:81917
                                    1
WP(C) No.38519 of 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.M.MANOJ

 SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA,

                                   1946

                       WP(C) NO. 38519 OF 2024

PETITIONERS:
    1    GOPI ,AGED 56 YEARS,S/O.KUNJIKANDAN,MATTUPURATH
         HOUSE, FEROKE P.O, KOZHIKKODE, PIN - 673631

    2          SHIMJI,AGED 50 YEARS,D/O.NARAYANAN,MATTUPURATH
               HOUSE, FEROKE P.O,KOZHIKKODE, PIN - 673631
               BY ADVS.
               RANJITH C.
               V.GANGADHARAN
               KIRAN JOHNY
               BINJO ANDREWS
               SHINY GEORGE MEKKATTUKULAM
               SEBI S. RAJ


RESPONDENTS:
    1    REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL
         OFFICE, CIVIL STATION, KOZHIKODE., PIN - 673020

    2          TAHASILDAR, TALUK OFFICE KOZHIKODE, CIVIL
               STATION , KOZHIKODE, PIN - 673020

    3          VILLAGE OFFICER, RAMANATTUKARA VILLAGE OFFICE ,
               KOZHIKODE., PIN - 673633

    4          AGRICULTURAL OFFICER,
               RAMANATTUKARA KRISHIBHAVAN, KOZHIKODE, PIN -
               673633

               SMT.K.AMMINIKUTTY.,GOVERNMENT PLEADER
        THIS    WRIT   PETITION    (CIVIL)   HAVING     COME    UP    FOR
ADMISSION       ON   02.11.2024,    THE   COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
                                                               2024:KER:81917
                                         2
WP(C) No.38519 of 2024

                                 JUDGMENT

Dated this the 2nd day of November, 2024

The petitioners are stated to be the owners of the

property having an extent of 5.066 Ares of land in

sy.Nos.229/32, 229/33, 229/34 of Ramanattukara Village,

Kozhikode Taluk, Kozhikode District. It is stated that the

property is described as "Nanja" in the revenue records.

Accordingly, for utilizing the said property for commercial

purposes, the petitioners have preferred Ext.P3 application in

Form-6 of the Kerala Conservation of Paddy Land and Wetland

Act and Rules, 2008. (for short 'the Act and the Rules')

seeking permission to use the land for any other purposes.

2. The learned counsel for the petitioners submits

that no orders have been passed on the statutory application

so far.

3. I have heard the learned counsel for the

petitioners and the learned Government Pleader.

4. On considering the limited nature of prayer in this

writ petition, I am of the considered opinion that Form 6

application shall be given a logical conclusion. For that

purpose, I direct the 3rd respondent to submit a report to the 2024:KER:81917

authorised officer under Section 2(XVA) of the Act, with

respect to the property in question within a period of two

months from the date of receipt of a copy of this judgment. In

the event of receipt of such report, there will be a direction to

the authorised officer to consider and pass orders on Ext.P3

application within a further period of six months thereafter.

The Writ Petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:81917

APPENDIX OF WP(C) 38519/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.KL11014611168/2024 DATED 28/09/2024 ISSUED BY THE 3RD RESPONDENT

Exhibit P2 A. TRUE COPY OF THE RELEVANT PAGES OF THE DATABANK DATED NIL

Exhibit P3 A TRUE COPY OF FORM.6 APPLICATION NO.3/2024/113802 DATED 19/10/2024 SUBMITTED BEFORE THE 1ST RESPONDENT