Soy Joseph vs The Revenue Divisional Officer
2024 Latest Caselaw 31399 Ker

Kerala High Court

Soy Joseph vs The Revenue Divisional Officer on 2 November, 2024

                                                         2024:KER:81933
                                     1
WP(C) No.38570 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. 38570 OF 2024

PETITIONER:

               SOY JOSEPH, AGED 56 YEARS, S/O JOSEPH, SSC, FLAT
               3-1, WARD120, TAILORS AND APARTMENT, 1ST STREET,
               KODAMBAKKAM, CHENNAI,, PIN - 600024
               BY ADVS.
               RENI JAMES
               C.R.REKHA
               MICHAEL.M.WILSON
               T.A.MARY RINJU


RESPONDENTS:

    1          THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, K.B JACOB ROAD FORT
               KOCHI,, PIN - 682001

    2          THE DEPUTY COLLECTOR (RR)
               CIVIL STATION, KAKKANAD, ERNAKULAM,, PIN -
               682030

    3          THE TAHSILDAR, KANAYANNUR TALUK OFFICE PARK
               AVENUE, KOCHI,, PIN - 682011

    4          THE VILLAGE OFFICER
               NGO QUARTERS, VAZHAKKALA, KAKKANAD,, PIN -
               682021
               SMT.K.AMMINIKUTTY.K,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:81933
                                    2
WP(C) No.38570 of 2024

                             JUDGMENT

Dated this the 2nd day of November, 2024

The petitioner is stated to be the owner of the

property having an extent of 3.54 Ares of land in sy.No.261/1-

3-2 in Vazhakkala Village, Kanayannur Taluk, Ernakulam

District. It is stated that the property is included as "Nilam" in

the revenue records. Accordingly, for utilizing the said

property for commercial purposes, the petitioner has 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 petitioner submits that

no orders have been passed on the statutory application so

far.

3. I have heard the learned counsel for the petitioner

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 4th respondent to submit a report to the 2024:KER:81933

2nd respondent/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 2nd respondent/authorised officer to consider

and pass orders on Ext.P3 application within a further period of

four months thereafter.

The Writ Petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:81933

APPENDIX OF WP(C) 38570/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 29.08.2024 ISSUED BY THE 4TH RESPONDENT.

Exhibit-P2 TRUE COPY OF THE ORDER NO. 6319/2023 DATED 12.12.2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 29.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.