Thahar vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 22, 2023

~3 min read

https://sooperkanoon.com/case/1439475

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1439475
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Dec 22, 2023
Case Number: WP(C)/43985/2023

Parties & Advocates

Appellant / Petitioner

Thahar

Respondent

State of Kerala

Excerpt

.....in survey nos.83/id-it, 84/5b-2, 84/6, 84/7-it and 85/1-2 of engandiyoor village in chavakkad taluk, thrissur. petitioner has also submitted ext.p3 application seeking to give some priority as the petitioner required to sell the property in connection with the marriage of his daughter. as per the options available in the priority conditions in the portal, urgency in connection with marriage is to be given priority. petitioner submits that all formalities regarding consideration of application in form 7 is complete.2. heard the learned government pleader also.in view of the facts and circumstances of the case, the above writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on ext.p2 application in form 7 at the earliest, at any rate, within a period of one month from the date of receipt of a copy of the judgment if all the reports necessary for consideration of a form 7 application have been duly received by the 2nd respondent and an wp(c) no.43985 of 2023 3 affidavit has been filed by the petitioner in view of the fact that the total extent of land is 51.60 ares and the conversion is sought as per ext.p2 is in respect of only an extent of 39.91 ares. with the abovesaid direction, the writ petition is disposed of. sd/- viju abraham judge cks wp(c) no.43985 of 2023 4 appendix of wp(c) 43985/2023 petitioner exhibits exhibit p1 true copy of the latest land tax receipt dated 07/07/2023 evidencing payment of tax issued by village officer, engandiyoor village exhibit p2 true copy of the said form 7 application dated 16/09/2023 exhibit p3 true copy of the said request dated before the 2nd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 WP(C) NO. 43985 OF 2023 PETITIONER: THAHAR, AGED 61 YEARS SON OF SAINUDHEEN HAJI, RESIDING AT KARAPPAMVEETTIL HOUSE, CHETTUVA P.O., KUDALIYAR, THRISSUR DISTRICT, THRISSUR, PIN - 680616 BY ADV B.SAJEEV KUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM, PIN - 695001 2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, CIVIL STATION, CIVIL LINES ROAD, THRISSUR DISTRICT, THRISSUR, PIN - 682001

3 THE TAHSILDAR CHAVAKKAD TALUK OFFICE, THRISSUR, THRISSUR DISTRICT., PIN - 680003 OTHER PRESENT: GP - RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.43985 of 2023 2

VIJU ABRAHAM, J.

W.P (C) No.43985 of 2023 Dated this the 22nd day of December, 2023

JUDGMENT

Petitioner has approached this Court seeking a direction to the 2nd respondent to consider and pass orders on Ext.P2 application in Form 7 for changing the user of property for non agricultural purposes. He is the absolute owner and in possession of 51.60 Ares of land comprised in survey nos.83/ID-IT, 84/5B-2, 84/6, 84/7-IT and 85/1-2 of Engandiyoor Village in Chavakkad Taluk, Thrissur. Petitioner has also submitted Ext.P3 application seeking to give some priority as the petitioner required to sell the property in connection with the marriage of his daughter. As per the options available in the priority conditions in the portal, urgency in connection with marriage is to be given priority. Petitioner submits that all formalities regarding consideration of application in Form 7 is complete.

2. Heard the learned Government Pleader also.

In view of the facts and circumstances of the case, the above writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P2 application in Form 7 at the earliest, at any rate, within a period of one month from the date of receipt of a copy of the judgment if all the reports necessary for consideration of a Form 7 application have been duly received by the 2nd respondent and an WP(C) No.43985 of 2023 3 affidavit has been filed by the petitioner in view of the fact that the total extent of land is 51.60 Ares and the conversion is sought as per Ext.P2 is in respect of only an extent of 39.91 Ares. With the abovesaid direction, the writ petition is disposed of. Sd/- VIJU ABRAHAM JUDGE cks WP(C) No.43985 of 2023 4 APPENDIX OF WP(C) 43985/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LATEST LAND TAX RECEIPT DATED 07/07/2023 EVIDENCING PAYMENT OF TAX ISSUED BY VILLAGE OFFICER, ENGANDIYOOR VILLAGE Exhibit P2 TRUE COPY OF THE SAID FORM 7 APPLICATION DATED 16/09/2023 Exhibit P3 TRUE COPY OF THE SAID REQUEST DATED BEFORE THE 2ND RESPONDENT

Same Court & Year Kerala · 2023 Same Parties Thahar vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham