Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 PETITIONER(S): KURIAN AGED 69 YEARS S/O RAPPAI, KAVALAKKATTU HOUSE, KURIACHIRA P.O., THRISSUR DISTRICT, PIN - 680006 BY ADVS. ASOK KUMAR K.P. ALEXANDER K.C. ABDUL HAMEED RAFI RESPONDENT(S): 1 THE DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003 2 REVENUE DIVISIONAL OFFICER FIRST FLOOR, COLLECTORATE, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003 3 THE TAHSILDAR (LAND RECORDS) THRISSUR TALUK OFFICE, THRISSUR DISTRICT, PIN - 680020 4 THE VILLAGE OFFICER OLLUR VILLAGE OFFICE, OLLUR P.O., THRISSUR, PIN - 680006 BY ADV. SMT.DEVISHRI R., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 44048 of 2023 ---------------------------------------------- Dated this the 01st day of February, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
“i) Declare that Exhibit P-4 Order is order
permitting change of nature of land and it is issued under Clause 6 (2) of KLU Order 1967, and recourse to RDO by way of Form 6 shall not be insisted. ii) Issue a Writ to declare that 3 rd respondent is duty bound to treat Exhibit P-6 application as statutory application and to pass orders thereon without delay. iii) Issue a writ of mandumus or other appropriate writ, order or direction, directing the 3 rd respondent to consider and pass orders on Exhibit P-6 application within a time frame to be fixed by this Hon'ble Court in the interest of justice as per the dictum laid down by this Hon’ble Court in Kizhakkambalam Grama Panchayat v. Mariuma and another (2015 (3) KHC 19) and in similar judgements.
iv) To dispense with the production of English Translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice; v) Render such other orders or directions as this Hon’ble Court may deem just, fit and necessary in the
facts and circumstances of the case.”[SIC]
2. When this Writ petition came up for
consideration, the learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 3 rd respondent to consider Ext.P6 Form A application filed as per the Kerala Land Tax Act, within a time frame.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think that prayer can be allowed. Therefore, this Writ petition is disposed of in the following manner:
1. The 3rd respondent is directed to consider
and pass appropriate orders in Ext.P6 application after verifying the genuineness and veracity of Ext.P4 KLU order, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a stamped certified copy of this
judgment.
2. Petitioner will produce a certified copy of
this judgment along with a copy of this writ petition with exhibits before the 3rd respondent for compliance. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 44048/2023 PETITIONER EXHIBITS EXHIBIT P-1 TRUE COPY OF THE DOCUMENT NO. EXHIBIT P-2 TRUE COPY OF THE SETTLEMENT DEED NO.238/2004 DATED 14.01.2004 OF SUB REGISTRY OFFICE, KUTTANELLUR EXHIBIT P-3 TRUE COPY OF THE LAND TAX RECEIPT NO. KL08013207167/2023 DATED 05.07.2023 EXHIBIT P-4 TRUE COPY OF THE KLU ORDER NO. EXHIBIT P-5 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 16.03.1999 EXHIBIT P-6 TRUE COPY OF THE APPLICATION DATED 18.12.2023 EXHIBIT P- 7 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN KIZHAKKAMBALAM GRAMA PANCHAYAT V MARIUMMA AND ANOTHER (2015 (3) KHC 19) DATED 8.4.2015 EXHIBIT P- 8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN TAHSILDAR THODUPUZHA TALUK AND ANOTHER VS. RANJITH GEORGE 2020 (1) KHC 865 DATED 29.1.2020 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE