SYNI. N.K., PALAKKUNNUMMAL HOUSE, MANIPURAM. P.O., KODUVALLY, KOZHIKODE Vs. REVENUE DIVISIONAL OFFICER, KOZHIKODE

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner challenging Ext.P3 communication issued by the Revenue Divisional Officer. Application filed by the petitioner is seeking modification of the condition in Ext.P1 order and to correct a mistake in the re -survey number of the property. Ext.P1 is an order whereby four cents of property owned by the petitioner in R.S.No. 35/2 of Manipuram Desom in Koduvally village of Kozhikode Taluk was allowed to be converted into garden land. The specific purpose of the conversion is for constructing a house. But it was stipulated therein the building constructed will only be used as petitioner's residence. It appears that the petitioner initially used the shed put up for his residential purpose. Subsequently he found it difficult to use the shed for residential purpose. So he was constrained to let out the shed for the running of a licensed toddy shop. Thereafter the petitioner filed Ext.P2 wherein the request was to correct the Survey Number as R.S.No. 35/2 and to remove the condition in Ext.P1 which insists on the use of the shed constructed only for residential purpose. After noticing that a toddy shop was allowed to function there, the application was rejected by the respondent. It is under challenge in this Writ Petition.

(2.) THE learned counsel for the petitioner submits that the toddy shop is not functioning there now and the entire constructions have also been demolished during the pendency of the Writ Petition. Therefore there cannot be a bar for Revenue Divisional Officer to consider Ext.P2 to correct the Re -survey number and to delete the condition that the building should be used for residential purpose. It is submitted that as a owner he is well within the right to enjoy the property and there cannot be any restriction against the said right. In that view of the matter the application Ext.P2 will be re -considered and due enquiry will be conducted with regard to the demolition effected. A fresh order will be passed with regard to the prayers made in Ext.P2 to correct the survey number and to delete the condition that petitioner will use the building only for residential purpose. Appropriate orders shall be passed after hearing the petitioner within a period of two months from the date of production of a copy of this judgment, along with a copy of the Writ Petition. Ext.P3 will therefore stand set aside.