Kerala High Court
Soshy Thekkepera John vs State Of Kerala on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 20812 OF 2021
PETITIONER:
SOSHY THEKKEPERA JOHN
AGED 52 YEARS
S/O VARKEY JOHN, HOUSE NO.XV/589, KAKKANADU WEST P.O,
PALCHUVADU, ERNAKULAM, PIN-682031.
BY ADV BEPIN VIJAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM-682030.
3 REVENUE DIVISIONAL OFFICER(SUB COLLECTOR)
FIRST FLOOR, KB JACOB ROAD, FORT KOCHI,
KOCHI, KERALA-682001.
4 THE VILLAGE OFFICER
KOTTUVALLY VILLAGE, KAITHARAM SOUTH, KOTTUVALLY,
ERNAKULAM-683519.
5 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, KOTTUVALLY, PARAVUR-683519.
SMT.SURYA BINOY B, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20812 OF 2021
2
JUDGMENT
This writ petition is filed seeking directions to the respondents to
consider Ext.P4 application preferred by the petitioner under Form 5 for
removing the property of the petitioner from data bank. It is submitted
that the application is liable to be considered taking specific note of
Ext.P6 report as well as Ext.P7 communication issued by the Village
Officer to the 3rd respondent.
2. The petitioner submits that he is the owner of 19.68 Ares of
property in Survey Nos.70/1A6, 70/1B, 96/3A2-9 and 96/3B-2 (actual Sy.
No.96/3B1-5) of Kottuvally Village in Paravur Taluk, Ernakulam district.
It is submitted that two items of property, that is, 2.02 Ares and 10.04
Ares is shown as paddy land in the basic tax register and is included in
the data bank. It is submitted that the petitioner had therefore preferred
Ext.P4 application on 02.09.2019. A detailed report has been submitted by
the Village Officer on the application preferred by the petitioner. It is
stated therein that the 2.02 Ares of property of the petitioner is in Sy.
No.70/1A6 and 10.04 Ares of property is in Sy. No.96/3B1-5. It is
submitted that the survey number shown in the application preferred by
WP(C) NO. 20812 OF 2021
the petitioner is incorrect. The learned counsel for the petitioner
submits that the application preferred by the petitioner is to be
considered in the light of Ext.P6 report as well as Ext.P7 communication.
3. Having considered the contentions advanced on both sides and
without expressing any view on the merits of the matter, there will be a
direction to the 3rd respondent to take up, consider and pass orders on
Ext.P4 application preferred by the petitioner, taking note of Exts.P6 and
P7 and all relevant aspects of the matter and after obtaining all due
reports. Orders shall be passed 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
NP
WP(C) NO. 20812 OF 2021
APPENDIX OF WP(C) 20812/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED NO.2087/2009 DATED
29.07.2009 OF PARAVUR S.R.O.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT NO.5272896
DATED 05.01.2017 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE REPLY NO.KTY 27/2019 DATED
20.05.2019 ISSUED BY THE 5TH RESPONDENT ALONG
WITH THE EXTRACT OF THE RELEVANT DATA BANK.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 02.09.2019
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT
NO.KL07030616712/2019 DATED 28/10/2019 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPORT NO.22/2021 OF THE 4TH
RESPONDENT DATED 05.03.2021 SUBMITTED TO THE
3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPORT NO.514/2021 OF THE
4TH RESPONDENT SUBMITTED TO THE 3RD
RESPONDENT DATED 07/09/2021.
RESPONDENT'S/S EXHIBITS: NIL
