Citation : 2025 Latest Caselaw 1183 Ker
Judgement Date : 18 July, 2025
WP(C) NO. 23791 OF 2025
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2025:KER:53717
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 23791 OF 2025
PETITIONER/S:
IBRAHIM KUTTY MATHER, AGED 84 YEARS
S/O. LATE. K.C.M. MATHER,NOOR MAHAL, ERNAKULAM, PIN -
682018
BY ADVS.
SMT.C.K.SHERIN
SMT.BLESSY MARY SEBASTIAN
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL
OFFICE, KB JACOB ROAD, FORT KOCHI, PIN - 682001
2 DEPUTY COLLECTOR (RR), COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030
3 THE TAHSILDAR
KANAYANNUR TALUK, ERNAKULAM, PIN - 682312
4 THE VILLAGE OFFICER, VILLAGE OFFICE, ERNAKULAM VILLAGE,
ERNAKULAM, PIN - 682312
OTHER PRESENT:
SR.GP.SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23791 OF 2025
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C.S.DIAS, J.
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WP(C) No.23791 OF 2025
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Dated this the 18th day of July, 2025
JUDGMENT
The petitioner is the owner in possession of 0.89 Ares
of land comprised in Survey No.141/2-4 in Ernakulam Village,
Kanayannur Taluk covered under Ext.P1 land tax receipt. The
property is a converted land. The petitioner desires to utilise
the property for non-agricultural purposes. To change the
nature of the property in the revenue records, the petitioner
has submitted Ext.P3 application before the 1st respondent on
08.05.2025 in Form 6 under Section 27A read with Rule 12(1)
of the Kerala Conservation of Paddy Land and Wetland Act
and Rules, 2008 ('Act and Rules' in short). But, the application
has not been considered till date. Hence, the writ petition.
2. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
3. On a consideration of the facts and materials on
record, especially that Ext.P3 application is pending
consideration before 1st respondent since 08.05.2025 and the WP(C) NO. 23791 OF 2025
2025:KER:53717
same is statutory in nature, without expressing anything on
the merits of the application, I allow the writ petition by
ordering as follows:
(i) The 4th respondent is directed to submit his report as provided under Rule 12(4) of the Rules, to the 2nd respondent/authorised officer, within two months from the date of production of a copy of this judgment.
(ii) On receipt of the above report, the 2nd respondent/authorised officer shall consider and dispose of Ext.P3 application, in accordance with law, and as expeditiously as possible, at any rate, within two months from the date of receipt of the above report.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE rkc/18.07.25 WP(C) NO. 23791 OF 2025
2025:KER:53717
APPENDIX OF WP(C) 23791/2025
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 08.05.2025 FOR THE PERIOD 2025-2026 ISSUED BY THE VILLAGE OFFICE; ERNAKULAM Exhibit -P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK DATED 22.02.2021 Exhibit -P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 6 DATED 08.05.2025 Exhibit -P4 TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF FORM NO. 6 APPLICATION DATED 08.05.2025
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