Joseph Paulson Kk vs State Of Kerala
2023 Latest Caselaw 8862 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                         WP(C) NO. 22717 OF 2023
PETITIONER

             JOSEPH PAULSON KK
             AGED 34 YEARS
             S/O BENCY @ KITHO FRANCIS K J RESIDING AT KALATHINKAL
             HOUSE, CHELLANAM VILLAGE, KOCHI TALUK, PIN - 682008
             BY ADVS.
             P.SAREENA GEORGE
             ASHEETA NELSON


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
             GOVT SECRETERIATE THIRUVANANTHAPURAM, PIN - 682011
     2       REVENU DIVISIONAL OFFICER
             REVENU DIVISION OFFICE, FORT KOCHI, PIN - 682002
     3       THE TAHSILDAR
             KOCHI TALUK OFFICE, ERNAKULAM, KOCHI, PIN - 682011
     4       THE VILLAGE OFFICER
             VILLAGE OFFICE, CHELLANAM, PIN - 682008
     5       AGRICULTURE OFFICER
             KRISHI BHAVAN, CHELLANAM, PIN - 682008


             SR.GOVERNMENT PLEADER -SMT.DEEPA NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22717 OF 2023
                                     2


                              JUDGMENT

Dated this the 14th day of August, 2023

The petitioner, who is owner of 1.53 Ares of land in Re-

Survey No.251/16-2 of Chellanam Village of Kochi Taluk in

Ernakulam District, has approached this Court seeking to

direct the 2nd respondent-Revenue Divisional Officer to accept

Ext.P8 Form-5 application on file and to direct the 2 nd

respondent to consider and pass orders on Ext.P8. The

petitioner further seeks to direct the 2 nd respondent to consider

Ext.P9 Form-6 application after affording an opportunity of

hearing to the petitioner.

2. Counsel for the petitioner submitted that the

petitioner is suffering from chronic kidney disease and delay in

considering the application will put the petitioner into

difficulties and therefore orders are necessary for expeditious

decision in the matter.

WP(C) NO. 22717 OF 2023

3. Going through the pleadings in the writ petition, I

find that Ext.P8 Form-5 application is shown as one filed on

30.05.2023. It is not an application filed online. Ext.P9 is a

Form-6 application, which has been submitted online. Ext.P9

is dated 03.02.2022. It is evident that the Form-5 application

has been submitted by the petitioner subsequent to the filing

of Form-6 application.

4. In the portal maintained by the respondents, a

Form-5 application cannot be uploaded, if there is already an

uploaded Form-6 application previously. In that view of the

matter, I am of the view that the writ petition can be disposed

of with appropriate directions:-

5. Taking into consideration all the afore facts, the writ

petition is disposed of with the following directions:-

(1) If the petitioner makes an application to the 2 nd

respondent-Revenue Divisional Officer to withdraw Ext.P9

Form-6 application submitted by the petitioner online, in order

to file an online Form-5 application, the 2 nd respondent shall WP(C) NO. 22717 OF 2023

allow the said application for withdrawal within a period of two

weeks.

(2) On such withdrawal, the petitioner will be at liberty

to file Form-5 application online. A decision on the Form-5

application, if uploaded by the petitioner, shall be taken within

a period of one month.

(3) Depending upon the outcome of the Form-5

application, the petitioner will be at liberty to file Form-6

application afresh, in which case the 2nd respondent-Revenue

Divisional Officer shall pass orders thereon expeditiously, at

any rate, within a further period of one month.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO. 22717 OF 2023

APPENDIX OF WP(C) 22717/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF MEDICAL RECORD OF THE PETITIONER ISSUED FROM THE MEDICAL TRUST HOSPITAL Exhibit P2 TRUE COPY OF SETTLEMENT DEED BEARING NO. 3263/2021 OF KOCHI SRO Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED 4-4-2022 ISSUED BY THE 4TH RESPONDEN Exhibit P4 TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK ISSUED BY 5TH RESPONDENT Exhibit P6 TRUE COPY OF REPORT DATED 18-3-2023 ISSUED BY 4TH RESPONDENT VILLAGE OFFICER Exhibit P7 TRUE COPY OF THE COVERING LETTER DATED 30-5-2023 IS PRODUCED AND MARKED AS EXHIBIT P-7.

Exhibit P7(a) TRUE COPY OF POSTAL RECEIPT DATED 30-5-

Exhibit P8 TRUE COPY OF FORM 5 APPLICATION DATED 30-5-2023 Exhibit P9 TRUE COPY OF FORM 6 APPLICATION DATED 3-2-2022 Exhibit p9(a) TRUE COPY OF THE RECEIPT OF FORM 5 APPLICATION