Pulikkal Medical Foundation vs State Of Kerala
2021 Latest Caselaw 19695 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                         WP(C) NO. 17756 OF 2021
PETITIONER:

              PULIKKAL MEDICAL FOUNDATION
              M.G.ROAD, ERNAKULAM,
              REPRESENTED BY THE MANAGING DIRECTOR, P.V.ANTONY,
              ERNAKULAM-682019.

              BY ADVS.
              K.P.SANTHI
              NISHA G.THARAMAL
              TARA PREM
              SARIMOL KAREETHARA



RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
           DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-682019.

     2        THE DISTRICT COLLECTOR
              CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

     3        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI-
              682001.

     4        AGRICULTURAL OFFICER
              KRISHI BHAVAN, THIRUVANKULAM, ERNAKULAM-682305.
              REPRESENTED BY ITS CONVENOR.

     5        KERALA STATE REVENUE SENSING AND ENVIRONMENTAL CENTER
              VIKAS BHAVAN, C BLOCK, TRIVANDRUM-695033.
              REPRESENTED BY CHAIRMAN.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17756 OF 2021
                                  2

                            JUDGMENT

The petitioner has approached this Court seeking directions to

the 4th respondent to accept Ext.P4 and forward it to the 5 th

respondent for obtaining a report for a proper consideration of

Ext.P3 application. The learned counsel for the petitioner submits

that the petitioner is the owner in possession of 9.2007 hectares of

the land in Thiruvankulam Village, Kanayannur Taluk, Ernakulam

District. The petitioner has produced Ext.P5 which is a statement

with regard to the area of land held by the petitioner and survey

numbers in each case. The learned counsel for the petitioner

submits that Ext.P3 application has been preferred by the

petitioner before the 4th respondent and Ext.P4 has also been

submitted before the 4th respondent for forwarding to the 5 th

respondent for obtaining a satellite report from the 5 th respondent.

It is submitted that due fees has also been paid by the petitioner.

2. The learned Government Pleader submits that Ext.P3

application will be considered, in accordance with law, after

obtaining all due reports, including the satellite report from the WP(C) NO. 17756 OF 2021

KSRSEC and a decision taken thereon.

3. There will, accordingly, be a direction to the 4 th

respondent to accept Ext.P4 request made by the petitioner and to

forward the same to the 5 th respondent for making available a

report in accordance with the provisions of the Act and Rules. The

4th respondent shall, after obtaining the report, consider the issue

and forward its recommendation to the 3 rd respondent. The 3rd

respondent shall take up Ext.P3 application preferred by the

petitioner and consider the same, taking note of the KSRSEC

report, the report of LLMC as well as all relevant aspects in the

matter and after obtaining due reports from the Village Officer

regarding the land in question. Appropriate steps shall be taken

within a period of four months from the date of receipt of a copy of

this judgment.

This writ petition is ordered, accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/17.09.2021 WP(C) NO. 17756 OF 2021

APPENDIX OF WP(C) 17756/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PERTAINING TO THE PROPERTY OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 8/2/2016 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20.06.2021 SUBMITTED TO THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 24.06.2021 AND DRAFT SUBMITTED TO THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE DETAILS OF PROPERTY OF THE PETITIONER