Susy Mathew vs The District Collector
2021 Latest Caselaw 22623 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                         WP(C) NO.25806 OF 2021
PETITIONER :-

           SUSY MATHEW, AGED 73 YEARS
           W/O.MATHEW PHILIP, 4L, COTTON HILL HEIGHTS, THYKKADU
           P.O., THIRUVANANTHAPURAM DISTRICT,
           PIN - 695 010.

           BY ADVS.
           VARUGHESE M EASO
           VIVEK VARGHESE P.J.


RESPONDENTS :-

    1     THE DISTRICT COLLECTOR,
          PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA P.O.,
          PATHANAMTHITTA DISTRICT, PIN - 689 645.

    2     THE VILLAGE OFFICER
          KUTTAPUZHA VILLAGE, THIRUVALLA P.O.,
          PATHANAMTHITTA DISTRICT, PIN - 689 101.

    3     THE SUB COLLECTOR
          RDO OFFICE, THIRUVALLA, THIRUVALLA P.O., PATHANAMTHITTA
          DISTRICT, PIN - 689 501.

    4     THE LOCAL LEVEL MONITORING COMMITTEE
          REP.BY ITS CONVENOR, THIRUVALL KRISHIBHAVAN, KAVUMBHAGAM
          P.O, PATHANAMTHITTA DISTRICT,
          PIN - 689 501.

    5     THE TAHSILDAR
          THIRUVALLA, TALUK OFFICE, THIRUVALLA,
          THIRUVALLA P.O., PATHANAMTHITTA DISTRICT,
          PIN - 689 501.

    6     STATE OF KERALA
          REP.BY THE SECRETARY, DEPARTMENT OF REVENUE,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

           BY SRI.RIYAL DEVASSY, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.25806 OF 2021

                                 -: 2 :-


                             JUDGMENT

Dated this the 19th day of November, 2021

This writ petition is filed seeking a direction to the 3 rd

respondent to consider Ext.P8 application submitted by the

petitioner under Form 6 for the use of the property for other

purposes. It is submitted that the petitioner is the owner in

possession of 6.25 Ares of land in Re-survey No.612/6-2 in Block

No.8 of Kuttappuzha Village in Thiruvalla Taluk of Pathanamthitta

District. It is submitted that the property of the petitioner is lying

as dry land and the same is not suitable for paddy cultivation. The

learned counsel for the petitioner submits that Ext.P6 had been

passed excluding the property from the data bank on 22.10.2020

and that the petitioner is, therefore, entitled to a consideration of

Ext.P8 application in accordance with law taking note of the extent

of the property and the provisions of Ext.P10 order.

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 3 rd respondent to take up the

application, consider and pass orders on the same, after

considering all relevant aspects of the matter and after verifying

the data bank and obtaining all necessary inputs including the WP(C) NO.25806 OF 2021

report of the Village Officer and taking note of Ext.P10

Government Order, within a period of three months from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/26.11.2021 WP(C) NO.25806 OF 2021

APPENDIX OF WP(C) 25806/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.1931/2016 DATED 21.7.2016 OF THIRUVALLA SUB REGISTRAR OFFICE

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT NO.KL03050702944/2019 DATED 28.3.2019 ISSUED BY THE VILLAGE OFFICER, KUTTAPPUZHA

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE NO.43306250 DATED 27.9.2019 ISSUED BY THE VILLAGE OFFICER, KUTTAPPUZHA

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.TP-BA (26918)/2018 11/7/2016 ISSUED BY THE SECRETARY OF THIRUVALLA MUNICIPALITY

Exhibit P5 TRUE COY OF THE REPORT DATED 12.2.2020 FROM THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE ORDER NO.A3-4503/2019 DATED 22.10.2020 ISSUED BY THE 3RD RESPONDENT

Exhibit P7 TUE COPY OF THE CHALAN RECEIPT DATED 20.9.2021 ISSUED BY THE THIRUVALLA SUB TREASURY

Exhibit P8 TRUE COPY OF THE FORM NO.6 APPLICATION DATED 20.9.2021

Exhibit P9 TRUE COPY OF THE LETTER NO.387/2021 DATED 20.9.2021 ISSUED BY THE OFFICE OF 3RD RESPONDENT

Exhibit P10 TRUE COPY OF THE ORDER NO.G.O.NO.1166/2021/REVENUE DATED 25.2.2021