Suneer vs the District Collector

Suneer vs The District Collector

Type Court Judgment Court Kerala Decided Nov 01, 2023

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https://sooperkanoon.com/case/1401898

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Citation: sooperkanoon.com/1401898
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Nov 01, 2023
Case Number: WP(C)/35819/2023

Parties & Advocates

Appellant / Petitioner

Suneer

Respondent

The District Collector

Excerpt

.....dated this the 1st day of november, 2023judgmentpetitioner has approached this court seeking a direction to the 2nd respondent to consider and pass orders on ext.p3, form 6 application.2. the petitioner is the absolute owner and isin possession of a total extent of 8 ares 42.9 sq mts of land. out of which 1 ares 34.7 sq.mts is comprised in survey no.123/36 and 1.93 ares is comprised in survey no.65/73 of kunnamangalam village in kozhikode taluk of kozhikode district. the properties comprised in sy.nos.123/111 and comprised in sy.no.65/73 is mentioned as 'thottam' in the revenue records. as per ext.p2 order, the property is lying as a garden land and is not suitable for paddy cultivation and the same was removed from the data bank.3. heard the learned government pleader also.w.p.(c).no.35819 of 2023 3 after hearing both sides, the above writ petition is disposed of with a direction to the 2 nd respondent to consider and pass orders on ext.p3 form-6 application in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. sd/- viju abraham, judge pm w.p.(c).no.35819 of 2023 4 appendix of wp(c) 35819/2023 petitioner's exhibits exhibit p1 true copy of the tax receipt dated 02.12.2022 exhibit p2 true copy of the order dated 05.08.2023 issued by the revenue divisional officer, kozhikode exhibit p3 true copy of the application in form 6 dated 05.08.2023 submitted by the petitioner before the 2nd respondent along with survey sketch exhibit p4 true copy of the receipt evidencing the payment of statutory fee dated 08.08.2023

Full Judgment

W.P.(C).No.35819 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, WP(C) NO. 35819 OF 2023 PETITIONER: SUNEER,AGED 37 YEARS,S/O. CHEKUTTY, PULIYANTHODE, POTTAMMAL, KOZHIKODE, PIN - 673571 BY ADVS. FARHANA K.H. AMJATHA D.A. RESPONDENTS: 1 THE DISTRICT COLLECTOR,CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 2 THE REVENUE DIVISIONAL OFFICER,KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 3 THE TAHSILDAR,KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020 4 THE VILLAGE OFFICER,KUNNAMANGALAM VILLAGE OFFICE, KARANTHUR, KUNNAMANGALAM, KOZHIKODE, PIN - 673571

OTHER PRESENT: GP - RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35819 of 2023 2 VIJU ABRAHAM,J ----------------------- W.P.(C).No.35819 of 2023 --------------------------------- Dated this the 1st day of November, 2023

JUDGMENT

Petitioner has approached this Court seeking a direction to the 2nd respondent to consider and pass orders on Ext.P3, Form 6 application.

2. The petitioner is the absolute owner and is

in possession of a total extent of 8 Ares 42.9 sq mts of land. Out of which 1 Ares 34.7 sq.mts is comprised in Survey No.123/36 and 1.93 Ares is comprised in Survey No.65/73 of Kunnamangalam Village in Kozhikode Taluk of Kozhikode District. The properties comprised in Sy.Nos.123/111 and comprised in Sy.No.65/73 is mentioned as 'Thottam' in the revenue records. As per Ext.P2 order, the property is lying as a garden land and is not suitable for paddy cultivation and the same was removed from the data bank.

3. Heard the learned Government Pleader also.

W.P.(C).No.35819 of 2023 3 After hearing both sides, the above writ petition is disposed of with a direction to the 2 nd respondent to consider and pass orders on Ext.P3 Form-6 application in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. sd/- VIJU ABRAHAM, JUDGE pm W.P.(C).No.35819 of 2023 4 APPENDIX OF WP(C) 35819/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 02.12.2022 Exhibit P2 TRUE COPY OF THE ORDER DATED 05.08.2023 ISSUED BY THE REVENUE DIVISIONAL OFFICER, KOZHIKODE Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 05.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH SURVEY SKETCH Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 08.08.2023

Same Court & Year Kerala · 2023 Same Parties Suneer vs The District Collector Same Judge Honourable Mr.Justice Viju Abraham