IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 12910 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. M.SUBAITHA, W/O.KUNJALEEKUTTY, PARAYANTHODI, DESATHUKULATHINKADAVU, NILAMBUR P.O., PIN-679 329. 2. E.ASHALATHA, W/O.KARTHIKEYAN, EYLALLATH, KODATHIPADI, NILAMBUR P.O., PIN-679 329. 3. CLARAMMA CYRIAC, W/O.GEORGE K.ANTONY, KARIKUNNEL, VELIYANTHODE, NILAMBUR P.O., PIN-679 342. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. VILLAGE OFFICER, NILAMBUR VILLAGE, NILAMBUR. 2. TAHSILDAR, NILAMBUR. 3. REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. BY GP SMT.SREELATHA M.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE ORDER DATED 10.9.04 ISSUED BY THE 3RD RESPONDENT EXT.P2- TRUE COPY OF THE CERTIFICATE ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, MALAPPURAM EXT.P3- TRUE COPY OF THE REQUEST LETTER DATED 17.3.08 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT THROUGH THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).12910/2008 -------------------- Dated this the 7th day of November, 2008 JUDGMENT Petitioners claim to be the co-owners of the property having an extent of 31 cents which was purchased from one Amina and 16 others. The predecessors of the property had filed an application for conversion of the property for non agricultural purpose. During the pendency of the said application before the third respondent, the said property was purchased by the petitioners, according to them. It seems that without taking note of the transfer, the third respondent, by Ext.P1 order, had permitted the conversion of the said property for non agricultural purposes. Petitioners submit that they are entitled to the benefit of Ext.P1. But since that was not being acknowledged, writ petition has been filed seeking appropriate direction to the respondents, to refrain from preventing the petitioners from converting the land. Learned Government Pleader, on instructions, W.P.(C).12910/2008 2 submits that the petitioners are not parties to Ext.P1. An application on the basis of which Ext.P1 is passed, was preferred by Amina, and the transfer, stated to have been effected in favour of the petitioners, was brought to the notice of the RDO. In the circumstances, the remedy of the petitioners is to file a fresh application and the same will be considered in the light of Ext.P1. In the result, writ petition is disposed of permitting the petitioners to file a fresh application for conversion of the land having an extent of 31 cents comprised in re- survey No.32/2 in Nilambur Village, along with the copy of the document of title under which the property was purchased from the beneficiary of Ext.P1. An enquiry , as to the genuineness of the transfer effected in favour of the petitioners as claimants, shall be conducted by the third respondent. If the transfer is found to be true, orders shall be passed on the said application within two months from the date of submission of the same in the light of Ext.P1. V.GIRI, Judge mrcs