Mansoor K vs The Revenue Divisional Officer
2024 Latest Caselaw 31439 Ker

Kerala High Court

Mansoor K vs The Revenue Divisional Officer on 2 November, 2024

                                                 2024:KER:81520
WP(C) NO. 38539 OF 2024          1


            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. 38539 OF 2024

PETITIONER:

           MANSOOR K
           AGED 48 YEARS
           S/O ABDU HAJI, KARUNAKURSSI HOUSE, CHANGALEERI P O
           MANNARKKAD-, PIN - 678762

           BY ADVS.
           P.E.SAJAL
           AJAS K.S.



RESPONDENTS:


     1     THE REVENUE DIVISIONAL OFFICER.
           REVENUE DIVISIONAL OFFICE, OTTAPALAM, PALAKKAD,
           PIN - 679101

     2     DEPUTY COLLECTOR
           REVENUE RECOVERY CIVIL STATION, PALAKKAD, PIN -
           678001

     3     THE VILLAGE OFFICER
           MANNARKKAD I, MANNARKKAD, PALAKKAD-, PIN - 678762
                                                           2024:KER:81520
WP(C) NO. 38539 OF 2024            2




OTHER PRESENT:

             SMT.K.AMMINIKUTTY,SENIOR 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:81520
WP(C) NO. 38539 OF 2024          3




                              JUDGMENT

Dated this the 2nd day of November, 2024

The petitioner is the owner in possession of the land

extending 7 Ares 89 cm in Block No.003, Survey Nos. 33/3-9,

of Mannarkkad-I Village, Mannarkkad Taluk.

2. It is stated that the writ petition is preferred for

expeditious consideration of Ext.P8 application, which is a

Form 6 application, by the 2nd respondent. The petitioner

already obtained an order under Kerala Land Utilization Order

as per Ext.P7, which is dated 30.6.2006. However, for the

purpose of conducting a petrol pump it is required to convert

the nature of land in the Revenue Records. The petitioner

apprehending that Panchayat Authorities are going to issue

some adverse orders on the basis of tenure of land, as the

property described as 'Nilam' in the Revenue Records, the 2024:KER:81520

petitioner preferred Form 6 application and preferred this writ

petition for its expeditious disposal.

3. Per contra, the learned Senior Government Pleader

submitted that Ext.P7 order was issued on 30.6.2006. The

petrol pump started functioning four years back. There is no

such urgency as urged by the petitioner in the writ petition as

the petrol pump is an on going concern. Thereby, urgent

orders are not required. Moreover, Ext.P8 is dated 15.10.2024

and can be disposed of by six months period. It is further

argued that there is no ground to issue mandamus as the

reasonable time limit for consideration of the application has

not yet been reached.

4. However in response to that the counsel for the

petitioner submitted that he has already obtained an order

under clause 6(1) of the Kerala Land Cultivation as per

Ext.P7. He is ready to approach the authorities for obtaining

order under Section 27A, accordingly he has preferred Ext.P8 2024:KER:81520

application in Form 6 seeking for an expeditious disposal.

5. Heard Sri.P.E. Sajal, learned counsel for the

petitioner and Smt. K.A. Amminikutty, the learned Senior

Government Pleader for the respondents.

6. On considering the facts and circumstances

involved in this case, I feel it apposite to issue direction to the

2nd respondent to consider and pass appropriate orders in

Form 6 application after obtaining report from the Village

Officer. Accordingly, the 3rd respondent Village Officer is

directed to furnish a report to the 2 nd respondent, the

competent authority under Section 2(XIV A) of the Kerala

Conservation of Paddy land and Wet Land Act, 2008, 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, the 2 nd

respondent shall pass appropriate orders within a period of

six months. While passing such orders, the 2nd respondent 2024:KER:81520

shall consider Ext.P7 order issued under Clause 6(1) of the

Kerala Land Utilization Order.

This writ petition is disposed of as above.

Sd/-

P.M.MANOJ JUDGE Pvv 2024:KER:81520

APPENDIX OF WP(C) 38539/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TITLE DEED NO 3869/2023 DATED 29/07/2023 REGISTERED BY THE SUB REGISTRAR, MANNARKKAD

EXHIBIT P2 TRUE COPY OF THE LATEST LAND TAX RECEIPT OF THE PETITIONER'S PROPERTY DATED 30/07/2024

EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER

EXHIBIT P4 TRUE COPY OF DATA BANK DATED 21/09/2023 ISSUED BY THE AGRICULTURAL OFFICER, MANNARKKAD

EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03/09/2023

EXHIBIT P6 TRUE COPY OF THE 1B FORM DATED 29.07.2023

EXHIBIT P7 TRUE COPY OF THE KLU ORDER ISSUED BY THE 1ST RESPONDENT DATED 30.06.2006

EXHIBIT P8 TRUE COPY OF THE FORM 6 APPLICATION DATED 15/10/2024 SUBMITTED BEFORE THE 1ST RESPONDENT