Ibrahim Kutty Mather vs The Revenue Divisional Officer
2025 Latest Caselaw 1184 Ker

Kerala High Court

Ibrahim Kutty Mather vs The Revenue Divisional Officer on 18 July, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                2025:KER:53385
WP(C) NO. 23851 OF 2025

                               1
          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. 23851 OF 2025

PETITIONER:

         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




RESPONDENTS:

    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
                                                          2025:KER:53385
WP(C) NO. 23851 OF 2025

                                      2

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.07.2025,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                               2025:KER:53385
WP(C) NO. 23851 OF 2025

                                3



            Dated this the 18th day of July, 2025

                          JUDGMENT

The petitioner is the co-owner in possession of

0.03 Ares of land comprised in Survey No.141/2-6 of

Ernakulam Village, Kanayannur Taluk, covered under

Ext.P1 land tax receipt. The property is an unnotified

land. The petitioner desires to utilise the property for

other purposes, other than agricultural activities. To

change the classification of the property in the revenue

records, the petitioner has submitted Ext.P3 application

before the 1st respondent on 07.05.2025 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.

2025:KER:53385 WP(C) NO. 23851 OF 2025

3. On a consideration of the facts and materials

on record, especially that Ext.P3 application is pending

consideration before 2nd respondent since 07.05.2025

and the 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 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 rmm/18/7/2025 2025:KER:53385 WP(C) NO. 23851 OF 2025

APPENDIX OF WP(C) 23851/2025

PETITIONER EXHIBITS

Exhibit -P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 27.11.2020 IN RESPECT OF PROPERTY IN SY. NO. 141/2-6 FOR THE PERIOD 2020-2021 ISSUED BY THE VILLAGE OFFICE; ERNAKULAM Exhibit -P2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK DATED 22.02.2021 IS PRODUCED Exhibit -P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 6 DATED 07.05.2025 Exhibit -P4 TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF FORM NO. 6 APPLICATION DATED 07.05.2025