Ravi vs The District Collector, Kottayam
2021 Latest Caselaw 18138 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          WP(C) NO. 17850 OF 2021
PETITIONER:

              RAVI
              AGED 60 YEARS
              S/O. MADHAVAN, KANNEZHATH HOUSE, NADUVILE VILLAGE,
              VAIKKOM, KOTTAYAM.

              BY ADVS.
              C.S.MANILAL
              S.NIDHEESH
              ACHUT M NAIR



RESPONDENTS:

     1        THE DISTRICT COLLECTOR, KOTTAYAM
              CIVIL STATION, KOTTAYAM - 686 002.

     2        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM
              - 686575.


OTHER PRESENT:

              SMT.SURYA BINOY B -SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17850 OF 2021
                                         2

                                  JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) Declare that the petitioner is entitled for the benefit of the revised and amended plans as evidenced by Ext.P7 and no fee need be paid as the extent of the total property is below 25 cents as provided therein in as much as the petitioner is the owner of the property as on 30.12.2017.

(ii) issue a writ of mandamus any other appropriate writ, order or direction directing the 2nd respondent to expeditiously dispose of Ext.P5 application as per Ext.P7 amended rules without insisting for any payment within the shortest possible time to be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned learned Government Pleader.

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

possession of 6.98 Ares of land in Survey No.174/12-4 of Vaikom

Village, Vaikkom Taluk of Kottayam District. It is submitted that

the property was shown as 'Nilam' in the revenue record as well

as in the data bank. The petitioner had made an application for

removing the property from the data bank and by Ext.P3 order

dated 22.03.2021, the said application has been allowed. The

petitioner had preferred Ext.P5 application in Form 6 for utilising WP(C) NO. 17850 OF 2021

the property for other purposes and seeks a consideration

thereof.

4. It is submitted by the learned Government Pleader that

Ext.P5 application is seen dated 18.03.2021 and has been

preferred even before Ext.P3 order was passed. However, in view

of the fact that Ext.P3 order has been rendered in respect of the

property, I am of the opinion that the request made by the

petitioner for a consideration of Ext.P5 is liable to be allowed.

5. In the above view of the matter, there will be a direction

to the 2nd respondent to take up, consider and pass orders Ext.P5

application preferred by the petitioner, after considering all

relevant reports including Ext.P6 and to pass orders on the

application 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 bng/03.09.2021 WP(C) NO. 17850 OF 2021

APPENDIX OF WP(C) 17850/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE DEED DATED 08.09.1988.

Exhibit P2 TRUE COPY OF LAND TAX RECEIPT DATED 02.03.2019.

Exhibit P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 22.03.2021.

Exhibit P4 TRUE COPY OF THE CHALLAN DATED 03.01.2020.

Exhibit P5 TRUE COPY OF THE FORM '6' APPLICATION DATED 18.03.2021.

Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 16.04.2021.

Exhibit P7 TRUE COPY OF THE NOTIFICATION SRO NO.369/2021 DATED 25.02.2021 BY THE GOVERNMENT.

Exhibit P8 TRUE COPY OF THE CIRCULAR OF THE GOVERNMENT DATED 23.07.2021.