Citation : 2023 Latest Caselaw 11433 Ker
Judgement Date : 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
WP(C) NO. 30587 OF 2023
PETITIONER:
ANILA SEBASTIAN,AGED 36 YEARS
D/O P.X.SEBASTIAN , KAVUNNUKATTIL HOUSE,
KUNINJI POST, IDUKKI DISTRICT. REPRESENTED BY
HER POWER OF ATTORNEY HOLDER, P.X.SEBASTIAN,
AGED 68 YEARS, S/O. P.S.XAVIER, PUNNAIKKAL HOUSE,
MARADU P.O ERNAKULAM, PIN-682304., PIN - 685583
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM
COLLECTORATE, CIVIL STATION, KAKKANAD POST,
ERNAKULAM DISTRICT., PIN - 682030
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
KB JACOB RD, FORT KOCHI, ERNAKULAM DISTRICT.,
PIN - 682001
4 TAHSILDAR
TALUK OFFICE, KANAYANNUR, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE,
ERNAKULAM., PIN - 682011
5 VILLAGE OFFICER
VILLAGE OFFICE, KUREEKKAD,
ERUVELI THALAKKODU ROAD, KUREEKKAD,
ERNAKULAM., PIN - 682312
6 LOCAL LEVEL MONITORING COMMITTEE
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
KRISHI BHAVAN, CHOTTANIKKARA, CHOTTANIKKARA.P.O.,
ERNAKULAM., PIN - 682312
WP(C) No.30587 of 2023 2
7 AGRICULTURAL OFFICER
KRISHI BHAVAN, CHOTTANIKKARA,
CHOTTANIKKARA.P.O., ERNAKULAM., PIN - 682312
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.30587 of 2023 3
VIJU ABRAHAM, J.
.................................................................
W.P (C) No. 30587 of 2023
.................................................................
Dated this the 8th day of November, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the 3 rd respondent
to dispose of Ext.P4 application in Form 6 within a time frame to be fixed by this
Court.
2. Petitioner is the absolute owner and title holder of an extent of 4.45 Ares of
land comprised in survey no.70/3-3-4-2 of Kureekkad Village in Ernakulam District.
Petitioner submits that the abovesaid land is shown as "nilam" in the revenue
records and thereupon he preferred Ext.P4 application in Form 7 before the 2 nd
respondent to change the nature of land and for permitting her to utilize the land for
dry land purposes.
3. Heard the learned Government Pleader also.
After hearing both sides, I am inclined to dispose of the writ petition with a
direction to the 3rd respondent to consider and pass orders on Ext.P4 application in
Form 6 as expeditiously as possible, at any rate within a period of four months from
the date of receipt of a copy of the judgment.
Writ Petition is disposed of as above.
Sd/-
VIJU ABRAHAM JUDGE
cks
APPENDIX OF WP(C) 30587/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT DATED 01.07.2022 ISSUED BY THE VILLAGE OFFICE.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE DATED 12.07.2022 ISSUED BY THE VILLAGE OFFICE.
Exhibit P3 TRUE COPY OF THE ORDER IN FILE NO.3641/2023 DATED 31.05.2023 ISSUED BY THE 3RD RESPONDENT.
Exhibit P4 A COPY OF THE FORM.6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 08.08.2023.
Exhibit P4(a) A COPY OF THE FEE PAYMENT RECEIPT DATED 11.08.2023 FOR RS.1,000/-.
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