Petitioner sought to change land nature per Rule 12 of 2008 Rules via writ after application rejection. Court was told a statutory appeal is pending. Court disposed of writ ordering Additional Collector to consider appeal.
Petitioner directed to file pending appeal; Additional District Collector to consider appeal on merits within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945
WP(C) NO. 9268 OF 2023
PETITIONER:
MR.WILSON MATHEW
AGED 58 YEARS, S/O. MATHEW,
KALARICKATHOTTIYIL ,KATHALICKAD .P.O, MANJALLOOR
VILLAGE,MUVATTUPUZHA TALUK,ERNAKULAM DISTRICT, PIN 686670
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
BONNY BABY
VISHNU PRASAD
MANOJ KUMAR N.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, PIN - 686661
2 THE TAHSILDAR, MUVATTUPUZHA TALUK,TALUK OFFICE, MUVATTUPUZHA, PIN 6866613 THE VILLAGE OFFICER, MANJALLOOR VILLAGE OFFICE, KATHALICKAD .P.O., PIN 6866704 THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, AGRICULTURAL OFFICE, MANJALLOOR VILLAGE OFFICE, KATHALICKAD .P.O., PIN – 686670*ADDL.R5DISTRICT COLLECTOR
ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD P O
(ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 10.08.2023
IN I.A. No.1/2023)
BY ADV
SMT. K M RESHMI- SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9268 OF 2023
2
JUDGMENT
Dated this the 10th day of August, 2023
The petitioner has approached this Court aggrieved by Ext.P8 proceedings whereunder the 1st respondent-Revenue Divisional Officer has rejected the petitioner’s application to change the nature of his land in Revenue records.
W.P.(C) No.9268 OF 2023
3
to get Ext.P8 order set aside by the competent appellate authority. Any delay in considering the appeal filed by the
petitioner would cause irreparable hardship to the petitioner.
In view of the above, the writ petition is disposed of directing the additional 5th respondent to consider Ext.P9 appeal and pass appropriate orders thereon on merits within a period
of two months.
Sd/- N.NAGARESH JUDGE
ded
W.P.(C) No.9268 OF 2023
4
APPENDIX OF WP(C) 9268/2023
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF WILL DATED 27-10-1989
EXECUTED BY FR.VARGHESE, THE BROTHER OF
PETITIONER'S FATHER
EXHIBIT P2THE TRUE COPY OF THE LAND TAX RECEIPT
DATED 12-09-22 ISSUED FROM THE
MANJALLOOR VILLAGE OFFICE FOR THE YEAR
2022-2023
EXHIBIT P3THE TRUE COPY OF THE SAID SALE DEED
NO.2240/1966 DATED 5-12-1966
EXHI BIT P4TRUE COPY OF THE BTR OF PETITIONER'S
ABOVE MENTIONED PROPERTY
EXHIBIT P5THE TRUE COPY THE APPLICATION DATED 15-
7-2021 UNDER FORM NO.6 SUBMITTED BY THE
PETITIONER TO THE RDO
EXHIBIT P6THE TRUE COPY OF THE CHALAN DATED15-7-
2021
EXHIBIT P7THE TRUE COPY THE REPORT DATED 12-8-21
SUBMITTED BY THE 3RD RESPONDENT TO THE
2ND RESPONDENT
EXHIBIT P8THE TRUE COPY THE PROCEEDINGS AND
IMPUGNED ORDER DATED 23-5-2022
EXHIBIT P9THE TRUE COPY OF THE APPEAL DATED 4-8-
2023 SUBMITTED TO THE ADDITIONAL 5TH
RESPONDENT
EXHIBIT P10THE TRUE COPY OF THE ACKNOWLEDGMENT FOR
RECEIPT OF APPEAL FEE DATED 09-08-2023
2 issues framed by the court
Whether the writ petition pending a statutory appeal should be disposed of by directing the authorities to consider the appeal on merits.
Whether the rejection of the petitioner's application to change land nature causes irreparable hardship.
1 provisions across 1 enactments
Mr. Wilson Mathew
The Revenue Divisional Officer, Muvattupuzha
The Tahsildar, Muvattupuzha
The Village Officer, Manjalloor
The Convener, Local Level Monitoring Committee, Manjalloor
Additional District Collector, Ernakulam
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court