Jose Chandy vs State Of Kerala, Department Of ...
2023 Latest Caselaw 3047 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                     WP(C) NO.3606 OF 2023
PETITIONERS :-

    1     JOSE CHANDY, AGED 71 YEARS
          S/O.CHANDY, PANACKAL HOUSE, MELADOOR P.O,
          ANNAMANADA, THRISSUR - 680 741,
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
          ANTHONY CHAKKAPPAN PUTHUSSERIL, AGED 69 YEARS,
          S/O.CHAKKAPPAN, RESIDING AT CRA 20, HOUSE NO.13/465,
          CHURCH ROAD, ADJ. CPM PARTY OFFICE, KARUKUTTY P.O,
          ERNAKULAM - 683 576.

    2     VALSA JOSE, AGED 59 YEARS
          W/O.JOSE CHANDY, PANACKAL HOUSE, MELADOOR P.O,
          ANNAMANADA, THRISSUR - 680 741,
          REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
          ANTHONY CHAKKAPPAN PUTHUSSERIL, AGED 69 YEARS,
          S/O.CHAKKAPPAN, RESIDING AT CRA 20, HOUSE NO.13/465,
          CHURCH ROAD, ADJ. CPM PARTY OFFICE, KARUKUTTY P.O,
          ERNAKULAM - 683 576.

          BY ADVS.
          SAJI VARGHESE KAKKATTUMATTATHIL
          AMALENDU A.


RESPONDENTS :-

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

    2     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, PIN - 682 001

    3     THE VILLAGE OFFICER
          VILLAGE OFFICE, NEDUMBASSERY,
          ERNAKULAM, PIN - 683 589

    4     THE KERALA STATE REMOTE SENSING AND ENVIRONMENT
          CENTRE (KSREC), VIKAS BHAVAN,
          THIRUVANANTHAPURAM, PIN - 695 033
          REPRESENTED BY ITS DIRECTOR
 WP(C) NO.3606 OF 2023

                                  -: 2 :-



     5       THE LOCAL LEVEL MONITORING COMMITTEE
             REPRESENTED BY THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, NEDUMBASSERY,
             MEKADU PO, ERNAKULAM, PIN - 683 589

             BY SMT.PARVATHY K., GP
             BY SRI.VISHNU.S., SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.03.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.3606 OF 2023

                                 -: 3 :-


                              JUDGMENT

Dated this the 13th day of March, 2023

This writ petition is filed seeking directions to the 4 th

respondent to provide a report with regard to 28.12 Ares of land

comprised in Re-survey Nos.558/8 and 558/12 in Block No.10 of

Nedumbassery Villlage in Aluva Taluk to the 5 th respondent for

taking a decision on the application pending before them.

2. It is submitted by the learned counsel for the petitioners

that the petitioners' application in Form No.5 is pending before the

2nd respondent and that the KSRSEC report in respect of the

property is highly essential for a consideration of the same. It is

submitted that the report has been forwarded by the KSRSEC to the

5th respondent, but the same has not been forwarded to the 2 nd

respondent with the report of the Agricultural Officer.

3. The learned counsel appearing for the 4 th respondent

submits that in respect of the property, a KSRSEC report has been

generated and forwarded to the Agricultural Officer on 4.9.2019

and that a further copy can be forwarded at the earliest.

In the above view of the matter, there will be a direction

to the Agricultural Officer, who is impleaded in this writ petition as

the 5th respondent to represent the Local Level Monitoring WP(C) NO.3606 OF 2023

Committee to forward the report obtained from the KSRSEC to the

2nd respondent for a consideration of the application. By way of

abundant caution, there will be a further direction to the 4 th

respondent to forward a further copy of the report to the 5 th

respondent within a week, who shall forward the same to the 2 nd

respondent within two weeks thereafter. The 2 nd respondent shall

take up the application and pass appropriate orders, taking note of

the report to be submitted by the Agricultural Officer with

reference to the report so forwarded by the KSRSEC as well.

Appropriate orders shall be passed within a period of two months

from the date of receipt of the report as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/13.3.2023 WP(C) NO.3606 OF 2023

APPENDIX OF WP(C) 3606/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY

Exhibit P2 TRUE COPY OF THE RECEIPT THE LAND TAX REMITTED FOR THE PERIOD 2022-2023

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 26.06.2019 IN WP(C) 17307 OF 2019

Exhibit P4 TRUE COPY OF THE CHEQUE BEARING NO. 939943 OF SOUTH INDIAN BANK, TRIVANDRUM SERVICE BRANCH DATED 1.8.2019 ISSUED TO THE 4TH RESPONDENT

Exhibit P5 TRUE COPY OF THE REPORT DATED 20.09.2019

Exhibit P6 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONERS DATED 17.11.2022

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 23.11.2022 IN WP(C) 37638 OF 2022

Exhibit P8 TRUE COPY OF THE FEE RECEIPT DATED 13.12.2022 PAID BY THE PETITIONERS