IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 8282 of 2010(I) -------------------------------------- PETITIONER(S): ------------------------- V-DAY INN, DOOR NO XI/145, KILIYARA, M.C.ROAD, PULLUVAZHI, PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY MANAGING PARTNER KARTHIKEYAN K.A., AGED 50, S/O.AYYAPPAN RESIDING AT KILIYARA, M.C.ROAD, PULLUVAZHI, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADVS. MR.K.RAMACHANDRAN, MR.S.SREEDEV. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. REVENUE DEVELOPMENT OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. TAHSILDAR, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 4. VILLAGE OFFICER, VAZHAKKULAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8282 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. JUDGMENT The petitioner is a registered partnership firm which had purchased 48.432 cents of dry land through its then Managing Partner Shri Dency Charles in R.S. No.212/14 in block No.24 in Vazhakkulam village in Kunnathunadu Taluk, Ernakulam District. Ext.P1 is the copy of the sale deed and Exts.P2 and P2(a) are the possession certificate and location sketch. 2. There is a reconstitution of the firm on 7.12.2009 and the present Managing Director is Mr. K.A. Karthikeyan. The property is described as Nilam in the revenue records, but according to the petitioner, it is lying as a dry land for more than 50 years. The petitioner has produced sale deed No.343 of 1979 of SRO, Perumbavoor and another sale deed No.1314 of 1959 in support of the above plea. 3. In order to correct the nature of the property and to have a reclassification, the petitioner has filed an application before the Revenue Divisional Officer as per Ext.P5, which is numbered as G2 1752/2009 and forwarded the same to the Tahsildar for enquiry and necessary report. It is wpc8282 /2010 2 stated that the Village Officer has field a report as per Ext.P6 stating that in the petitioner's property eight coconut trees aged more than 50 years is there and there is no paddy cultivation in any of the adjoining properties. On the northern and eastern sides of the property there is a rubber estate and in the western side residential buildings are also situated. Ext.P7 is also produced by the petitioner to show that the property is a 'purayidom'. 4. It is prayed that Ext.P5 may be directed to be disposed of within a time frame. There will be a direction to the second respondent Revenue Divisional Officer to consider Ext.P5 and pass orders thereon in accordance with the statutory provisions applicable and after conducting due enquiries in the matter, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/