Kerala High Court
Abdul Hameed vs The Revenue Divisional Officer on 30 September, 2024
2024:KER:72563
WP(C) NO. 34138 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34138 OF 2024
PETITIONER/S:
1 ABDUL HAMEED
AGED 62 YEARS
S/O CHEKKUTY, ALEEMA MANZIL, NEAR CLOCK TOWER,
THAYALANGADI KASARGOD, PIN - 671121
2 YASIR ARAFTH
AGED 47 YEARS
S/O. UMMER, MAROTTICKAL HOUSE, HMT COLONY,
PALLILAMKKARA, NORTH THRIKKAKARA, PIN - 683503
BY ADVS.
RENI JAMES
C.R.REKHA
MICHAEL.M.WILSON
T.A.MARY RINJU
RESPONDENT/S:
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
MARADU VILLAGE OFFICE NETTOOR, MARADU, ERNAKULAM, PIN -
682040
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:72563
WP(C) NO. 34138 of 2024
2
JUDGMENT
(Dated this the 30th day of September, 2024)
The writ petition is preferred being aggrieved by the
delay in considering Ext.P3 application in Form6 pending
before the 3rd respondent.
2. It is stated that The petitioners are the absolute
owners and are in possession of 2.82 Ares of land comprised
in Survey No. 337/6-7 in Maradu Village, Kanayannur Taluk of
Ernakulam District. It is further stated that the property is
pucca garden land which is naturally converted years back.
The above property has been removed from the Data Bank as
per Ext P2 order. However, it is mentioned as 'Nilam' in the
revenue records. Accordingly, in order to change the nature of
land, the petitioner submitted Ext P3, Form 6 application on
21.08.2024. The petitioners want to avail a loan. For this
purpose it is necessary to change the nature of property in the
revenue records and seeking for a direction to the 3 rd
respondent to consider and pass appropriate orders on Ext. P3
which is pending before the 2nd respondent. Under such
circumstances, the petitioner filed Ext.P3 application (Form-
6) before 3rd respondent seeking permission for converting the
2024:KER:72563
WP(C) NO. 34138 of 2024
land for construction of residential building.
3. In response to that, the learned Govt. Pleader
submitted that there is no delay as alleged in the writ petition.
The application was submitted on 21.08.2024.
4. I have heard the learned counsel appearing for the
petitioner as well as the Government Pleader.
On considering the submissions made on both side,
I feel it is apposite to direct the 2nd respondent to consider and
pass appropriate orders on Ext.P3 application in Form 6.
Accordingly, there will be direction to the 4 th respondent
Village Officer to forward a report to the 2 nd respondent 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 to consider and pass
orders on Ext.P3 application within a further period of two
months thereafter.
The Writ Petition is disposed of accordingly.
Sd/-
P.M.MANOJ
JUDGE
SM
2024:KER:72563
WP(C) NO. 34138 of 2024
APPENDIX OF WP(C) 34138/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
21.08.2024 ISSUED BY THE MARADU VILLAGE
OFFICE.
Exhibit-P2 TRUE COPY OF THE ORDER NO. 7909/2024
DATED17.08.2024 ISSUED BY THE 2ND RESPONDENT.
Exhibit-P3 TRUE COPY OF THE FORM 6 APPLICATION DATED
21.08.2024 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS NIL
P.A.TO JUDGE
TRUE COPY
