Devaprasad vs Kerala State Remote Sensing ...
2021 Latest Caselaw 21838 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        WP(C) NO. 21012 OF 2021
PETITIONERS:

    1     DEVAPRASAD
          AGED 64 YEARS
          S/O. VASAVAN, THARAYIL HOUSE, VYTTILA P. O., POONITHURA
          VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
          PIN - 682 019.

    2     SREEJITH PRASAD
          AGED 30 YEARS
          S/O. DEVAPRASAD, THARAYIL HOUSE, VYTTILA P. O.,
          POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM
          DISTRICT, PIN - 682 019.

          BY ADVS.
          P.M.ZIRAJ
          C.M.DHANY
          IRFAN ZIRAJ
          MOHEMED FAVAS
          HASHARURAHIMAN U.



RESPONDENTS:

    1     KERALA STATE REMOTE SENSING AGENCY AND ENVIRONMENT
          CENTRE (KSRSEC)
          VIKAS BHAVAN, C BLOCK, THIRUVANANTHAPURAM, KERALA -
          695033, REPRESENTED BY ITS DIRECTOR.

    2     THE LOCAL LEVEL MONITORING COMMITTEE
          CORPORATION OF KOCHI, VYTTILA, ERNAKULAM, REPRESENTED
          BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN,
          VYTTILA, ERNAKULAM, PIN - 682 017.

    3     AGRICULTURAL OFFICER
          KRISHI BHAVAN, VYTTILA, ERNAKULAM, PIN - 682 017.

    4     THE REVENUE DIVISIONAL OFFICER (R.D.O)
          FORTKOCHI, ERNAKULAM DISTRICT - 682001.
 WP(C) NO. 21012 OF 2021

                                2



            RIYAL DEVASSY-GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21012 OF 2021

                                            3


                                     JUDGMENT

This writ petition is filed seeking the following relief:

Issue a writ of mandamus or any other appropriate writ, order or direction to the first respondent to consider and dispose the exhibit P14 application submitted by the petitioners before the third respondent who forwarded the same to the first respondent and which is now pending before the first respondent and thereby reconsider the data regarding topo sheet of 1967 in connection with the property of petitioner and make necessary correction in the topo sheet of 1967 if there is any error in it at the expense of petitioners within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case.

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that the

petitioners' properties are lying as dry land since before the

implementation of the Kerala Land Utilisation Order in the year 1967. It is

submitted that Ext.P5 joint application has been submitted under Clause

6(2) of the Kerala Land Utilisation Order which was directed to be

considered. It is submitted that by Ext.P12 judgment, a later application

submitted by the petitioners under Form 9 in terms of sub rule 13 of Rule WP(C) NO. 21012 OF 2021

12 has also been directed to be considered. It is stated that in the

meanwhile, Ext.P13 report had been submitted by the KSRSEC stating

that the property was observed as paddy land in 1967. The learned

counsel for the petitioners submits that Ext.P11 series of documents

would show that there was a building in the property during the said

period and that revision of property tax had been effected by the

corporation in the year 1969. It is submitted that there is some error

vitiating Ext.P13. The petitioner has therefore submitted Ext.P14 request

before the Agricultural Officer for a reconsideration of the issue and for

the submission of the fresh report by the KSRSEC.

4. The learned Government Pleader submits on instructions that

Ext.P14 request submitted by the petitioners had been received and

forwarded to the KSRSEC and that the matter is pending before the

KSRSEC.

In the above factual situation, I am of the opinion that it is for the

1st respondent to take an appropriate decision on Ext.P14. Ext.P14

application submitted by the petitioner shall be considered and

appropriate action shall be taken thereon by the 1 st respondent in

accordance with law within a period of one month from the date of WP(C) NO. 21012 OF 2021

receipt of a copy of this judgment. In case a fresh report is found

necessary, the petitioners shall be required to pay the fees for the same

and on payment of such fees, appropriate proceedings shall be taken by

the 1st respondent within a period of one month thereafer.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 21012 OF 2021

APPENDIX OF WP(C) 21012/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 16.09.2020 ISSUED BY THE VILLAGE OFFICER, POONITHURA VILLAGE IN CONNECTION WITH PROPERTY OF FIRST PETITIONER.

Exhibit P(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 16.09.2020 ISSUED BY THE VILLAGE OFFICER, POONITHURA VILLAGE IN CONNECTION WITH PROPERTY OF FIRST PETITIONER.

Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 25.08.1998 ISSUED IN THE NAME OF FIRST PETITIONER'S FATHER.

Exhibit P3 A TRUE COPY OF THE MEMO DATED 01.12.1998 ISSUED BY THE REVENUE OFFICER, CORPORATION OF KOCHI.

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 16.09.2020 ISSUED BY THE VILLAGE OFFICER, POONITHURA VILLAGE IN CONNECTION WITH PROPERTY OF SECOND PETITIONER.

Exhibit P4(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 16.09.2020 ISSUED BY THE VILLAGE OFFICER, POONITHURA VILLAGE IN CONNECTION WITH PROPERTY OF SECOND PETITIONER.

Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 09.04.2018 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 12.04.2018 IN WPC NO.13086/2018 OF THIS HONOURABLE COURT.

Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING DATED 6.9.2019 OF THE SECOND RESPONDENT.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED WP(C) NO. 21012 OF 2021

16.12.2019 OF THE SECOND RESPONDENT.

Exhibit P9 A TRUE COPY OF THE ORDER NO.K2-2134/18 DATED 20.03.2021 OF THE DISTRICT COLLECTOR, ERNAKULAM.

Exhibit P10 A TRUE COPY OF THE FORM 9 APPLICATION DATED 24.09.2020 SUBMITTED BY PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

Exhibit P11 TRUE COPY OF THE NOTICE DATED 24.03.1969 IN RESPECT OF BUILDING NO.1769 IN WARD NO.25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

Exhibit P11(a) TRUE COPY OF THE NOTICE DATED 24.03.1969 IN RESPECT OF BUILDING NO.1770 IN WARD NO.25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

Exhibit P11(b) TRUE COPY OF THE NOTICE DATED 24.03.1969 IN RESPECT OF BUILDING NO.1771 IN WARD NO.25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

Exhibit P11(c) TRUE COPY OF THE NOTICE DATED 24.03.1969 IN RESPECT OF BUILDING NO.1772 IN WARD NO.25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

Exhibit P11(d) TRUE COPY OF THE NOTICE DATED 24.03.1969 IN RESPECT OF BUILDING NO.1773 IN WARD NO.25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

Exhibit P11(e) TRUE COPY OF THE NOTICE DATED 24.03.1969 IN RESPECT OF BUILDING NO.1774 IN WARD NO.25 OF COCHIN CORPORATION ISSUED BY THE COMMISSIONER.

Exhibit P12 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16.07.2021 IN WPC NO.10787/2021.

Exhibit P13 TRUE COPY OF THE REPORT OF FIRST RESPONDENT WP(C) NO. 21012 OF 2021

DATED 2.3.2019.

Exhibit P14 TRUE COPY OF THE APPLICATION DATED 09.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

Exhibit P15 TRUE COPY OF THE COMMUNICATION DATED 10.08.2021 FORWARDED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT.