George Joseph vs State Of Kerala
2023 Latest Caselaw 5353 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                  WP(C) NO. 12778 OF 2023
PETITIONERS:

    1    GEORGE JOSEPH
         AGED 70 YEARS
         S/O. OUSEPH, KOTTACKAL HOUSE, MATTOOR, KALADY,
         ERNAKULAM, PIN - 683574
    2    SUNIL
         AGED 44 YEARS
         S/O, KUNJAVARA, VATTAPARARNBAN, NAYATHODE P.O.,
         ANGAMALY, PIN - 683572
    3    KUNJAVARA
         AGED 77 YEARS
         S/O. POULO, VATTAPARAMBAN, NAYATHODE P.O.,
         ANGAMALY, PIN - 683572
    4    JOY
         AGED 55 YEARS
         S/O MATHAYI, KACHAPPILLY HOUSE, PULIYANAM P.O,
         ANGANALY, PIN - 683572
         BY ADV MEREENA.J.JOSEPH


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
         695001
    2    THE LAND REVENUE COMMISSIONER
         COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
         BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM,
         PIN - 695001
    3    THE DISTRICT COLLECTOR
         CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030
    4    THE REVENUE DIVISIONAL OFFICER
         OFFICE OF THE REVENUE DIVISIONAL OFFICER,
         FORTKOCHI- ., PIN - 682001
                                      -2-
W.P.(C). No. 12778 of 2023

       5        THE AGRICULTURAL OFFICER
                KRISHI BHAVAN, ANGAMALY, PIN - 683572
       6        THE AGRICULTURAL OFFICER
                KRISHI BHAVAN, MOOZHIKULAM, PARAKKADAV ERNAKULAM
                DISTRICT, PIN - 683579
OTHER PRESENT:

                SRI.ARUN CHANDY-GP


    THIS WRIT PETITION (CIVIL) HAVING COME
UP FOR ADMISSION ON 25.04.2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 12778 of 2023


                             MOHAMMED NIAS C.P., J.
                        ==============================================================

                              W.P.(C) No. 12778 of 2023
                         =============================================================

                     Dated this the 25th day of April, 2023

                                         JUDGMENT

The limited prayer of the petitioner is for a direction to

consider Exts.P3, P5, P12, P13 and P16 Form-5 applications and

also Ext.P9, an application filed under Form-6, under Kerala

Conservation of Paddy Land and Wetland Act pending before the

4th respondent and seeks for an expeditious disposal of the same.

2. Heard the learned Government Pleader also.

Having heard the learned counsel for the petitioner and the

Government Pleader, there will be a direction to the 4 th

respondent to consider the above applications, with notice to the

petitioner and pass appropriate orders in it, in accordance with

law, within four months from the date of receipt of a certified

copy of this judgment.

Sd/-

MOHAMMED NIAS C.P.

JUDGE das

W.P.(C). No. 12778 of 2023

APPENDIX OF WP(C) 12778/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE LST PETITIONER PROPERTY COVERED IN RE-SURVEY NO.

153/7,153/8,153/10-

2,153/9,153/6,153/23 OF ANGAMALY VILLAGE DATED 2/4/2022 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK EXTRACT IN RESPECT OF THE 1ST PETITIONER PROPERTY DATED 9/5/2018 Exhibit P3 A TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER IN RESPECT OF THE PROPERTY COVERED IN SY.NO.153/7,153/8,153/ 10-2, OF ANGAMALY VILLAGE IN BLOCK 12 UNDER FORM 5 DATED NIL.

Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED NIL Exhibit P5 A TRUE COPY OF THE APPLICATION FILED BY THE LST PETITIONER IN RESPECT OF THE PROPERTY COVERED IN SY.NO.153/23,153/6, 153/7,153/8,153/9, OF ANGAMALLY VILLAGE IN BLOCK 12 UNDER FORM 5 DATED 1/4/2023 Exhibit P6 A TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE 2ND PETITIONER PROPERTY COVERED IN RE-SURVEY NO. 352/ 17-2, OF ANGAMALLY VILLAGE DATED 26/ 10/2022 Exhibit P7 A TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE 3RD PETITIONER PROPERTY COVERED IN RE-SURVEY NO.352/17-8 ,OF ANGAMALLY VILLAGE DATED 13/5/2022 Exhibit P8 A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK EXTRACT IN RESPECT OF THE 2ND AND 3RD PETITIONER PROPERTY DATED 9/5/2018 Exhibit P9 TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE 2ND PETITIONER DATED 10/3/2020 Exhibit P10 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL FIELD OFFICER TO THE 2ND PETITIONER DATED 2/5/2021 Exhibit P11 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT

W.P.(C). No. 12778 of 2023

TO THE 2ND PETITIONER DATED 28/6/2022 Exhibit P12 TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE 2ND PETITIONER DATED 26/10/2022 Exhibit P13 TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE 3RD PETITIONER DATED 26/ 10/2022 Exhibit P14 A TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE 4TH PETITIONER PROPERTY COVERED IN RE-SURVEY NO.256/4-2, OF PARAKKADAVU VILLAGE DATED 7/4/2022 Exhibit P15 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK EXTRACT IN RESPECT OF THE 4TH PETITIONER PROPERTY DATED NIL Exhibit P16 A TRUE COPY OF THE FORM 5 APPLICATION FILED BY THE 4TH PETITIONER IN RESPECT OF THE PROPERTY COVERED IN SY.NO 256/4- 2 OF PARAKKADAVU VILLAGE DATED 1/4/2023