Mathew T Mathachan vs The Revenue Divisional Officer
2021 Latest Caselaw 16509 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                        WP(C) NO. 15738 OF 2021
PETITIONER/S:

          MATHEW T MATHACHAN
          S/O. MATHACHAN, RESIDING AT THUKALAN PULLAT HOUSE,
          P.O. KANDANADU, KANDANADU DESOM, KANAYANNUR THALUK,
          ERNAKULAM-682 301.

          BY ADVS.
          V.N.HARIDAS
          SIBY.P.JOSE
          K.T.BOSCO
          SAIFUDEEN T.S
          SMITHA GOPINATH



RESPONDENT/S:

    1     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISION OFFICE, FIRST FLOOR,
          K.B. JACOB ROAD, FORT KOCHI, KOCHI-682 001.

    2     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
          VALIYAKULAM, P.O. UDAYAMPEROOR, ERNAKULAM-682 307.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15738 OF 2021       ..2..




                      JUDGMENT

The petitioner is the owner and in possession of 68

ares and 65 square meter of land comprised in

Sy.No.209/2-2 in Block No.19 of Manakkunnam Village

in Kanayannur Taluk. The petitioner's property is

described as 'Nilam' in the Revenue Records. The

petitioner has filed Ext.P2 application dated 25.08.2017

before the 2nd respondent to remove the land in question

from the Data Bank. The petitioner has also filed Ext.P4

application in Form No.7 dated 25.04.2021, for

conversion of the land. The petitioner is aggrieved by

the delay in disposal of Ext.P2 application.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader.

3. There will be a direction to the 2 nd respondent to

consider and dispose of Ext.P2 application, within a

period of three months from the date of receipt of a WP(C) NO. 15738 OF 2021 ..3..

copy of this writ petition. In case the property of the

petitioner is removed from the Data Bank pursuant to

Ext.P2, then there will be a further direction to the 1 st

respondent to consider Ext.P4 application in Form No.7,

within a period of two months thereafter, in the light of

Ext.P5 report of the KSREC. The petitioner is also

directed to produce a copy of the writ petition along

with the exhibits before the 1st respondent for

compliance.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/05/08/2021

//true copy //

P.A To Judge WP(C) NO. 15738 OF 2021 ..4..

APPENDIX OF WP(C) 15738/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 1.6.2020.

Exhibit P2 APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT FOR REMOVAL OF PROPERTY FROM THE DATA BANK DATED 25.8.2017.

Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED NIL ISSUED BY 2ND RESPONDENT EVIDENCING ACCEPTANCE OF EXT.P2.

Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 6 DATED 25.4.2021.

Exhibit P5 REPORT OF THE KSRE CENTRE DATED 30.12.2019 WITH RESPECT TO THE PROPERTY.