Divine Builders vs State Of Kerala
2022 Latest Caselaw 6975 Ker

WP(C) NO. 14719 OF 2021              1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 16TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944
                          WP(C) NO. 14719 OF 2021
PETITIONER/S:
          DIVINE BUILDERS
          REPRESENTED BY JOSEPH ANTONY, MANAGING PARTNER,
          KAKKANAD P.O., PIN-682030.

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


RESPONDENT/S:
     1    STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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

      3        THE REVENUE DIVISIONAL OFFICER,
               FORTKOCHI, KOCHI-682001.

      4        THE TAHSILDAR,
               KANAYANNUR TALUK, PARK AVENUE ROAD, KOCHI-682011.

      5        THE LOCAL LEVEL MONITORING COMMITTEE,
               REPRESENTED BY ITS CONVENER, KRISHI BHAVAN,
               THRIKKAKARA-682030.

      6        KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE
               (KSREC),
               C BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA-
               695033,

               SMT.DEEPA NARAYANAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14719 OF 2021              2


                         P.V.KUNHIKRISHNAN, J
                     ----------------------------------------
                       W.P.(C.) No. 14719 of 2021
                      --------------------------------------
                  Dated this the 16th day of June, 2022


                                 JUDGMENT

The above writ petition is filed with following

prayers :

"(i) Issue a writ of certiorari, or such other writ, direction or order quashing Ext P7 as arbitrary, illegal and unjust;

(ii) Issue a writ of mandamus or such other writ, direction or order compelling the 2nd respondent to conclude the proceedings in Ext P3 on merits, affording opportunity of hearing to the petitioner;

(iii) Direct the 5th respondent to remove the entry from data bank;

(iv) Declare that the status of the land measuring 8.20 ares in 720/5; in block no.5 of Thrikkakkara North Village, Kanayannur Taluk, Ernakulam District is entitled to be changed in the BTR without making payment as mandated in Section 27A of Act 28 of 2008;

(vi) Issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case." [SIC]

2. When this writ petition came up for

consideration, the learned Government Pleader

submitted that Ext.P4 will be considered in accordance

to law within a time frame and the 2 nd prayer in the writ

petition is to conclude Ext.P2 within a time frame and

that also can be allowed. The learned counsel for the

petitioner also submitted that there may be a direction

to consider those applications within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1)The 2nd respondent is directed to consider Ext.P4

taking into consideration Ext.P11 report also as

expeditiously as possible at any rate within three

months from the date of receipt of a copy of this

judgment.

2)Based on the decision in Ext.P4, the 2nd respondent

will consider Ext.P2 and pass appropriate orders in

it, within three months from the date on which final

orders are passed in Ext.P4.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 14719/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 16.2.2016 SUBMITTED TO 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 1.10.2019 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION FORM 5 DATED 2.11.2019 SUBMITTED TO THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 1.11.2019 SUBMITTED TO THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 23.11.2020 IN WP(C) NO.25680 OF THIS HONOURABLE COURT.

Exhibit P7 TRUE COPY OF THE GAZETTE PUBLICATION NO.TP2-1640/2021 DATED 5.2.2021.

Exhibit P8 TRUE COPY OF THE CIRCULAR DATED 30.4.2020 OF THE GOVERNMENT OF KERALA.

Exhibit P9 TRUE COPY OF THE LETTER L15-352336-2020 DATED 24.8.2020 OF THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE KSREC REPORT.