J. M. Anees Muhammed vs The Revenue Divisional ...
2023 Latest Caselaw 3655 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                    WP(C) NO. 11062 OF 2023
NAME AND ADDRESS OF THE PETITIONER:

            J. M. ANEES MUHAMMED
            AGED 48 YEARS
            S/O. LATE K. J. MUHAMMED, JOURIATHU HOUSE,
            KANIYAPILLI ROAD, VENNALA, PIN - 682 028.

            BY ADVS.
            VAISAKHI V.
            BABU KARUKAPADATH
            M.A.VAHEEDA BABU
            P.U.VINOD KUMAR
            ARYA RAGHUNATH
            T.M.MUHAMMED MUSTHAQ
            AJWIN P LALSON
            KARUKAPADATH WAZIM BABU
            P.LAKSHMI
            AYSHA E.M.
NAME AND ADDRESS OF THE RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
            REVENUE DIVISIONAL OFFICE, FIRST FLOOR,
            KB JACOB RD, FORT KOCHI,
            KOCHI, KERALA, PIN - 682 001.
    2       THE AGRICULTURAL OFFICER
            1ST FLOOR, KOCHI CORPORATION VYTTILA SHOPPING
            COMPLEX, WEST SIDE OF VYTTILA JUNCTION,
            SA ROAD, MAHAKAVI VAILOPPILLI RD,
            KOCHI, PIN - 682 019.
    3       THE VILLAGE OFFICER
            POONITHURA VILLAGE OFFICE,
            POONITHRUA P. O., ERNAKULAM DISTRICT,
            PIN - 682 019.
    4       THE TAHSILDAR
            KANAYANNUR TALUK, PARK AVENUE,
            NEAR SUBHASH PARK, MARINE DRIVE,
            KOCHI, PIN - 682 011.
            SMT. PARVATHY K. - GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   29.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) NO.11062 Of 2023

                                     2




                        VIJU ABRAHAM, J.
               -----------------------------------------------
                   W.P.(C) No.11062 of 2023
             --------------------------------------------------
             Dated this the 29th day of March, 2023

                             JUDGMENT

The petitioner has approached this Court seeking

a direction to the 1st respondent to consider and pass

orders on Ext.P6 Form 5 application within a time limit

to be fixed by this Court and thereafter, subject to the

out come of the said decision to be taken, direct the

1st respondent to accept Form 6 application and pass

appropriate orders thereon.

2. Heard the learned Government Pleader.

3. After hearing both sides, I am inclined to

dispose of the writ petition with a direction to the 1 st

respondent to consider and pass orders on Ext.P6

Form 5 application within a period of three months

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

is also ordered that, subject to the out come of the W.P.(C) NO.11062 Of 2023

decision to be taken on Ext.P6 Form 5 application, the

Form 6 application subsequently to be filed by the

petitioner shall also be taken into consideration within

a further period of two months from the date of

receipt of the application.

The writ petition is disposed of accordingly.

Sd/-

VIJU ABRAHAM JUDGE

SPR W.P.(C) NO.11062 Of 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20/07/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER WITH RESPECT OF HIS 8.43 ARES.

EXHIBIT P2 A TRUE COPY OF THE LOCATION PLAN CERTIFICATE DATED 26/07/2022 ISSUED BY THE 3RD RESPONDENT ALONG WITH EXHIBIT P1.

EXHIBIT P3 TRUE COPIES OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

    EXHIBIT P4      A TRUE COPY OF THE RELEVANT PORTION OF
                    THE     DATA    BANK     DATED    22/02/2021
                    PUBLISHED       BY      KOCHI      MUNICIPAL

CORPORATION, INCLUDING THE PROPERTY OF THE PETITIONER SITUATED IN SURVEY NO.312/2-2 OF POONITHURA VILLAGE AS 'CONVERTED BEFORE 2008'.

EXHIBIT P5 A TRUE COPY OF THE LAND TAX RECEIPT DATED 02/07/2022 WITH RESPECT TO THE PROPERTY COVERED BY EXHIBIT P1WRONGLY DESCRIBING THE PROPERTY AS NILAM. EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 19/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN FORM 5, FOR REMOVING THE PROPERTY INCLUDED AS 'CONVERTED BEFORE 2008' FROM EXHIBIT P4 DATA BANK ALONG WITH ITS RECEIPT SHOWING PAYMENT OF THE REQUIRED FEE.

    RESPONDENTS EXHIBITS:     NIL.