Thomas vs The State Of Kerala
2021 Latest Caselaw 12211 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                       WP(C).No.10392 OF 2021(Y)


PETITIONER:

               THOMAS,
               AGED 60 YEARS,
               S/O. FRANCIS, PUTHEZHATH HOUSE, KALOOR P.O, ERNAKULAM
               DISTRICT-682 017

               BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS:

      1        THE STATE OF KERALA,
               REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM DISTRICT-695 001

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE, OFFICE OF THE DISTRICT COLLECTOR,
               KAKKANAD, ERNAKULAM DISTRICT-682 021

      3        THE TALUK TAHSILDAR,
               OFFICE OF THE TALUK TAHSILDAR, KANAYANNUR TALUK
               OFFICE, ERNAKULAM DISTRICT-682 011

      4        THE VILLAGE OFFICER,
               ELAMKULAM VILLAGE OFFICE, KADAVANTHRA P.O, ERNAKULAM
               DISTRICT-682 020

      5        THE REVENUE DIVISIONAL OFFICER,
               OFFICE OF THE REVENUE DIVISIONAL OFFICE, FORT KOCHI,
               ERNAKULAM DISTRICT-682 001


OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10392 OF 2021(Y)          2




                        P.V.KUNHIKRISHNAN, J
                    ----------------------------------
                     W.P.(C.) No. 10392 of 2021
                        --------------------------------
                 Dated this the 23rd day of April, 2021

                               JUDGMENT

This writ petition is filed for issuing

appropriate directions to the 5th respondent to

consider Ext.P13 application.

2. The petitioner is the owner of a land

covered by Exts.P1 and P2. He submitted Ext.P13

application to change the nature of the land.

The grievance of the petitioner is that the same

is not considered by the 5th respondent.

3. Considering the facts and circumstances,

I am of the view that appropriate directions can

be issued to the 5th respondent.

Therefore, the writ petition is disposed of

directing the 5th respondent to consider and pass

appropriate orders on Ext.P13 as expeditiously

as possible, at any rate, within one month from

the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

pm

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DOCUMENT EXECUTED DATED 16.10.96 DOCUMENT NO. 4383/96

EXHIBIT P2 A TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE VILLAGE OFFICER, ELAMKULAM.

EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE CORPORATION OF COCHIN DATED 7.7.97.

EXHIBIT P4 A TRUE COPY OF THE LICENSE ISSUED BY THE CORPORATION OF COCHIN DATED 1.6.1992.

EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE ISSUED DATED 13.8.92.

EXHIBIT P6 A TRUE COPY OF THE OFFICIAL CERTIFICATE ISSUED BY THE CORPORATION OF COCHIN DATED 28.2.91.

EXHIBIT P7 A TRUE COPY OF THE FURTHER RECEIPT DATED 29.2.2000.

EXHIBIT P8 A TRUE COPY OF THE RELEVANT ENTRY OF THE DATA BANK MAINTAINED BY THE VILLAGE OFFICER, ELAMKULAM.

EXHIBIT P9 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED DATED 30.07.18.

EXHIBIT P10 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE FIFTH RESPONDENT DATED 1.10.19.

EXHIBIT P11 A TRUE COPY OF THE RECEIPT ISSUED DATED 3.10.19.

EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DELIVERED IN W.P.C NO. 28062 OF 19 DATED 13.1.20 BY THIS HON'BLE COURT.

EXHIBIT P13 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT IN FORM NO. 6 WITH THE NECESSARY REMITTANCES DATED 19.3.21.