Joshy vs State Of Kerala
2021 Latest Caselaw 22151 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                       WP(C) NO. 24203 OF 2021
PETITIONER:

          JOSHY,
          AGED 55 YEARS
          S/O. SREEDHARAN, VELIYATHU HOUSE,
          MALAYIKUNNU SOUTH ADUVASSERY P.O,
          ERNAKULAM DISTRICT-683 578
          BY ADVS.
          K.J.MANU RAJ
          K.VINAYA

RESPONDENT:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
    2     REVENUE DIVISIONAL OFFICER,
          FORTKOCHI, 1ST FLOOR, K.B. JACOB ROAD,
          ERNAKULAM 682 001.
    3     AGRICULTURE OFFICER,
          KRISHI BHAVAN KUNNUKARA, KUNNUKARA P.O,
          ERNAKULAM DISTRICT-683 578
    4     THE VILLAGE OFFICER,
          KUNNUKARA VILLAGE, KUNNUKARA P.O,
          ERNAKULAM DISTRICT-683 578


          APPU.P.S-GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24203 OF 2021

                                 2




                            JUDGMENT

Dated this the 5th day of November 2021

The petitioner is the owner in possession of

53.69 Ares of land in Survey No.657/3 of Kunnukara

Village in Paravur Taluk of Ernakulam District. It is

submitted that the property had been converted long prior

to the promulgation of the Kerala Land Utilization Order on

04.07.1967. The petitioner confines his relief for an

expeditious consideration of Ext.P5 application in Form

No.9 seeking permission for use of land for other

purposes.

2. Having heard the learned Government Pleader

also and without expressing any view on the merits of the

matter, this writ petition is disposed of directing the 2 nd

respondent to consider Ext.P5 application (Form No.9),

after considering all relevant aspects of the matter and

after verifying the data bank and obtaining all necessary

reports. The entire proceedings shall be completed within a WP(C).No.24203 OF 2021

period of two months from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/5/11 WP(C).No.24203 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

A TRUE COPY OF THE DOCUMENT NO. 3667/2012 DATED Exhibit P1 30.07.2012.

A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY Exhibit P2 THE 4TH RESPONDENT DATED 22.6.2021. A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PANCHAYAT SECRETARY, KUNNUKARA GRAMA PANCHAYAT Exhibit P3 SHOWING THAT THE RESIDENTIAL HOUSE IN 53 YEARS OLD DATED 22.3.2019.

A TRUE COPY OF THE RELEVANT PAGES OF MINUTES OF Exhibit P4 LOCAL LEVEL MONITORING COMMITTEE MEETING DATED 8.9.2020.

A TRUE COPY OF THE FORM 9 DATED 10.04.2019 Exhibit P5 APPLICATION FILED BY THE PETITIONER. A TRUE COPY OF THE RECEIPT OF THE FORM 9 Exhibit P5(A) APPLICATION DATED 10.04.2019. RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE