State Of Kerala Represented By The ... vs Dr. P S George
2023 Latest Caselaw 2672 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944
                          RP NO. 37 OF 2023
  AGAINST THE ORDER/JUDGMENT IN WP(C) 7273/2017 OF HIGH COURT OF
                                KERALA


REVIEW PETITIONERS/RESPONDENTS 1 TO 3, 5 & 6 IN WPC:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT
          DEPARTMENT OF REVENUE
          GOVERNMENT SECRETARIAT
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE CONVENER
          LOCAL LEVEL MONITORING COMMITTEE
          CHANGANACHERRY, PIN - 686102

    3     THE AGRICULTURE FIELD OFFICER
          KRISHIBHAVAN CHANGANACHERRY
          VAZHAPPALLY WEST, PIN - 686103

    4     THE REVENUE DIVISIONAL OFFICER, KOTTAYAM
          OFFICE OF THE RDO,
          COLLECTORATE KOTTAYAM, PIN - 686001

    5     THE VILLAGE OFFICER
          VAZHAPPALLY EAST VILLAGE, PIN - 686103

          BY DR.THUSHARA JAMES, SR. GOVERNMENT PLEADER



RESPONDENTS:

    1     DR. P S GEORGE
          AGED 55 YEARS, S/O SAMUEL
          PEEDIKAYIL HOUSE
          INDUSTRIAL ESTATE NAGAR P O
          CHETHIPUZHA VILLAGE
          CHANGANACHERRY TALUK, KOTTAYAM,
          PIN - 686104
 RP NO. 37 OF 2023



    2       THE CHAIRPERSON
            CHANGANACHERRY MUNCIPALITY
            CHANGANACHERRY, PIN - 686102

            BY ADVS.
            P.C. HARIDAS PULICKAL CHANDRASEKHARA PILLAI
            P.S.GOVIND(K/000824/2022)




     THIS   REVIEW   PETITION   HAVING   COME   UP   FOR   ADMISSION   ON
28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 37 OF 2023



                             T.R. RAVI, J.
              --------------------------------------------
                          R. P. No.37 of 2023
               --------------------------------------------
              Dated this the 28th day of February, 2023

                                ORDER

The Review Petition has been preferred by the State for two

reasons. This Court had in the judgment directed respondents 5 & 6

to make necessary corrections in the revenue records after orders are

issued correcting the Data Bank. It is submitted that the concerned

Officer to make corrections in the Basic Tax Records is the Tahsildar

(L.R.) and directions may have to be issued to the said Officer. It is

submitted that the Tahsildar (L.R.) has not been made a party to the

writ petition. Another aspect which is pointed out is that due to an

inadvertent mistake a communication was sent from the Office of the

Revenue Divisional Officer to the writ petitioner asking him to submit

Form 7 application which ought not to have been issued. The

Government Pleader as well as the counsel for the writ petitioner

submits that the corrections in the Data Bank have already been

effected and necessary notifications have been published.

In the above circumstances, this Review Petition is allowed and

the judgment is modified to the extent that the 5th respondent shall

forward the file to the Tahsildar (L.R.), Chenganassery for making RP NO. 37 OF 2023

necessary corrections in the revenue records in accordance with the

corrections that have already been carried out in the Data Bank. The

files shall be forwarded within 10 days from today and the Tahsildar

(L.R.) shall pass orders within one month thereafter. The 5 th

respondent shall intimate the directions issued by this Court to the

Tahsildar (L.R.) for necessary action. It is also clarified that there is

no necessity for the petitioner to submit Form 7 application in view of

the specific averment in the Review Petition that the same was

directed to be submitted mistakenly.

Sd/-

T.R. RAVI JUDGE

Pn