A.D.George (Joju) vs State Of Kerala
2022 Latest Caselaw 5583 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                         WP(C) NO. 17003 OF 2022
PETITIONER:

              A.D.GEORGE (JOJU)
              AGED 67 YEARS
              S/O. APPADAN DEVASSY, CHIYAARAM, THRISSUR- 680026.

              BY ADVS.
              M.P.SREEKRISHNAN
              A.MUHAMMED MUSTHAFA
              A.J.ABHILASH
              DHEERAJ P.P.


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2        REVENUE DIVISIONAL OFFICER, THRISSUR
              1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE,
              THRISSUR - 680003.

     3        THE TAHSILDAR (LR) - THRISSUR
              THRISSUR TALUK OFFICE, TOWN HALL, W PALACE RD, OPP.
              THRISSUR, CHEMBUKKAV, THRISSUR, KERALA 680020.

     4        THE VILLAGE OFFICER - CHIYAARAM VILLAGE
              CHIYAARAM VILLAGE OFFICE, CHIYYARAM,
              THRISSUR, KERALA - 680027.

     5        AGRICULTURE OFFICER
              KRISHI BHAVAN, CHIYAARAM VILLAGE, CHIYYARAM, THRISSUR,
              KERALA - 680027.

              PRINCY XAVIER-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.17003 OF 2022                    2




                                    JUDGMENT

This writ petition is filed seeking the following reliefs:-

i) Declare that in view of Exhibit P2, the petitioner's land is not liable to be included in Exhibit P3 draft Databank and consequentially direct the 2nd respondent to effect necessary correction Exhibit P3 Data Bank.

ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibits P5 application in Form 5 within a time limit fixed by this Hon'ble Court.

iii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 3rd respondent to consider and pass orders on Exhibits P7 application within a time limit fixed by this Hon'ble Court, taking note of Exhibit P9 offer letter issued to the son of the petitioner.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had obtained Ext.P2 order in the year 1995 for

permission for the conversion of paddy land for construction of a

residential building. However, without noticing Ext.P2 order, the

property is wrongly included in the data bank. The petitioner has

preferred Ext.P5 application for the removal of the property from the

data bank. The learned counsel for the petitioner submits that in the

light of Ext.P2, the inclusion of the property in the data bank is prima

facie incorrect and that appropriate steps are liable to be taken to

remove the property from the data bank at the earliest. It is further

submitted that an application in Form A for reassessment of tax in

respect of the property has also been preferred, which is also

pending before the 3rd respondent.

Having considered the contentions advanced, in view of the

urgency expressed by the petitioner with regard to the financing of

the education of his son, there will be a direction to the 2 nd

respondent to take up Ext.P5 (Form 5) application submitted by the

petitioner and to consider and pass orders on the same,

expeditiously, after verifying whether the request made in Ext.P5 is

in respect of the property included in Ext.P2 within a period of one

month from the date of receipt of a copy of this judgment.

Thereafter, Ext.P7 application shall also be taken up by the 3 rd

respondent and appropriate orders passed thereon, at the earliest, at

at any rate within a period of one month thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 17003/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DOCUMENT NO. 2701/95 DATED 27.03.1995.

Exhibit P2 A TRUE COPY OF THE ORDER NO. K.DIS-7885/95/D1, DATED 10.10.1995 ISSUED BY THE RDO, THRISSUR, UNDER CLAUSE 6 KLU.

Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT, DATED 19.04.2021.

Exhibit P4 A TRUE COPY OF THE RELEVANT EXTRACT OF DATA BANK, DATED 22.01.2021.

Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 11.04.2022.

Exhibit P6 A TRUE COPY OF RECEIPT EVIDENCING PAYMENT FOR EXHIBIT P5 APPLICATION.

Exhibit P7 A TRUE COPY OF THE APPLICATION, DATED 11.04.2022 SUBMITTED BEFORE THE TAHSILDAR(LR), THRISSUR.

Exhibit P8 A TRUE COPY OF THE ACKNOWLEDGMENT, DATED 11.04.2022 EVIDENCING RECEIPT OF EXHIBIT P7.

Exhibit P9 A TRUE COPY OF THE OFFER LETTER RECEIVED BY MAIL, DATED 07.03.2022.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION, DATED 11.04.2022 FILED BEFORE TAHSILDAR (LR).

Exhibit P11 A TRUE COPY OF THE ACKNOWLEDGMENT, DATED 11.04.2022 EVIDENCING RECEIPT OF EXHIBIT P10.