M/S Lakshmi Eloctrodes Pvt Ltd vs Revenue Divisional Officer/ Sub ...
2021 Latest Caselaw 11824 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                        WP(C).No.9318 OF 2021(L)


PETITIONER/S:

                M/S LAKSHMI ELOCTRODES PVT LTD.
                KODAKARA P.O., CHALAKUDY TALUK, THRISSUR DISTRICT,
                REPRESENTED BY ITS DIRECTOR BASIL GEORGE, AGED 37,
                S/O. GEORGE, MADAPPILLIL HOUSE, EDATHALA P.O.,
                ERNAKULAM DISTRICT, PIN-683 561.

                BY ADVS.
                SRI.P.K.SOYUZ
                SRI.E.V.BABYCHAN

RESPONDENT/S:

      1         REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR
                REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEXE,
                IRINJALAKUDA, THRISSUR DISTRICT-680 125.

      2         AGRICULTURAL FIELD OFFICER
                KRISHI BHAVAN, CHALAKUDY MUNICIPALITY CHALAKUDY P.O.,
                THRISSUR DISTRICT-680 307.

      3         THE VILLAGE OFFICER
                KIZHAKKE CHALAKUDY VILLAGE, CHALAKUDY TALUK, THRISSUR
                DISTRICT, PIN-680 307.

                GP: SRI.RAVIKRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9318 OF 2021(L)`             2




                            Sathish Ninan, J.
                 ==============================
                     W.P.(C) No.9318 of 2021
                   ==========================
              Dated this the 9th day of April, 2021

                                JUDGMENT

The application filed by the petitioner in form

No.9, marked as Ext P5 in the writ petition, is

pending consideration. According to the petitioner,

the land in question is converted since more than 70

years and the petitioner is entitled for the benefit

to the proviso to Section 27A(3) of Act 28 of 2008.

The petitioner refers to the recitals in Ext P3 sale

deed dated 25.09.1970 to impress regarding the nature

of the property. Be that as it may, it is the 1 st

respondent to consider the application and pass

appropriate orders.

The writ petition is disposed of directing the

1st respondent to consider form No.9 application(Ext

P5) on verification of the relevant records, as

expeditiously as possible and at any rate within a

period of four months from the date of receipt of a

copy of this judgment.

Sd/- Sathish Ninan, Judge

vdv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.729/2019 DATED 21.3.2019 OF CHALAKUDY SRO.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.875/2019 DATED 30.3.2019 OF CHALAKUDY SRO.

EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.1696 OF 1970 DATED 25.9.1970 OF CHALAKUDY SRO.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 21.5.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 9.2.21 IN FORM NO.9.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 20.2.21 OF THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT DATED 30.3.21 OF MR. KANDARAN.

EXHIBIT P8 TRUE COPY OF THE AFFIDAVIT DATED 30.3.21 OF MR. PAULOSE ANTONY.