Kerala High Court
Mikha Babu Thomas vs District Collector on 25 October, 2024
2024:KER:80526
WP(C).NO.33141/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 33141 OF 2024
PETITIONER:
MIKHA BABU THOMAS, AGED 34 YEARS,
S/O.LATE. BABU THOMAS, S-18, BOMBAY ANNEX, SECTOR 17,
SUNFLOWER ROAD, VASHI, NAVI MUMBAI, MAHARASHTRA, PIN -
400703.
BY ADVS. M/S.B.K.GOPALAKRISHNAN & NIKITHA P.
RESPONDENTS:
1 DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
2 REVENUE DIVISIONAL OFFICER (RDO),
REVENUE DIVISIONAL OFFICE, ADOOR, PATHANAMTHITTA
DISTRICT, PIN - 691523.
3 TAHASILDAR,
TALUK OFFICE, KOZHENCHERY TALUK, MINI CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
4 TAHASILDAR (LAND RECORDS),
TALUK OFFICE, KOZHENCHERY TALUK, MINI CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
5 VILLAGE OFFICER, VILLAGE OFFICE, MINI CIVIL STATION,
PATHANAMTHITTA, PIN - 689645.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:80526
WP(C).NO.33141/2024
2
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 33141 of 2024
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Dated this the 25th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having a total
extent of 19.63 Ares, more particularly described as 19.43 ares of land
comprised in Survey No. 169/1-1-1 and 20 sq.m. of land comprised in Survey
No. 151/2B-2 of Kozhencherry Taluk, in Pathanamthitta Village in
Pathanamthitta District, has preferred Ext.P6 application under Form-6 of
the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for
short, the Act and the Rules) seeking change of user of the property in the data
bank.
2. The learned counsel for the petitioner submits that no orders
have been passed on the statutory application so far.
3. Accordingly, there will be a direction to the 5 th respondent
Village Officer to give sufficient inputs required under the Act and the Rules
2024:KER:80526
to the 2nd respondent Revenue Divisional Officer or the officer authorised
under Section 2(XVA) of the Act, within one month from today. On receipt
of the same, the 2nd respondent Revenue Divisional Officer/authorised
officer will consider Ext.P6 application within two months thereafter and
pass orders strictly in terms of the Act and the Rules.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
2024:KER:80526
APPENDIX OF WP(C).NO.33141/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS OF THE RDO
BEARING THE ORDER NO.7158/04/B3/KDIS DATED
15-4-2005 ISSUED TO PATHROS PATHROS MATHAI
EXHIBIT P2 A TRUE COPY OF THE SALE DEED NO. 109/1/2013
DATED 10-12-2012
EXHIBIT P3 LAND TAX RECEIPT DATED 16-1-2013
EXHIBIT P4 A TRUE COPY OF THE PARTITION DEED NO. 2710
DATED 21-12-2023
EXHIBIT P5 A TRUE COPY OF THE VILLAGE TAX RECEIPT DATED
13.02.2024
EXHIBIT P6 A TRUE COPY OF THE APPLICATION
EXHIBIT P7 A TRUE COPY OF THE INQUIRY REPORT OF THE
VILLAGE OFFICER DATED 21-5-2024
EXHIBIT P8 THE PHOTOS SHOWING THE BUILDINGS IN THE
NEARBY AREA AND THE SUBJECT PROPERTY
EXHIBIT P9 A TRUE COPY OF THE APPLICATION DATED 12-8-
2024 SUBMITTED BY THE PETITIONER BEFORE THE
TAHSILDAR
EXHIBIT P10 A TRUE COPY OF THE REPLY GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER BEARING THE
LETTER NO.TKKZHY/2099/2024-C9 DATED 14-8-2024
