Mary vs State Of Kerala
2023 Latest Caselaw 11446 Ker

                      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. 31323 OF 2023

PETITIONER:

               MARY, AGED 63 YEARS
               W/O.JOHN, MANJALY HOUSE, PARAKULAM ROAD,
               ANGAMALY, ERNAKULAM DISTRICT. REPRESENTED
               BY HER POWER OF ATTORNEY HOLDER, M.T.KURIACHAN,
               AGED 57 YEARS, S/O.M.L.THOMAS,
               C 53 23 MANJALY HOUSE, PARAKULAM ROAD,
               ANGAMALY, ERNAKULAM DISTRICT - 683572.

               BY ADV AVANEESH KOYIKKARA



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695001

     2         REVENUE DIVISIONAL OFFICER, FORT KOCHI
               REVENUE DIVISIONAL OFFICE, KB JACOB RD,
               FORT KOCHI, KOCHI HEAD POST, ERNAKULAM - 682001

     3         DISTRICT COLLECTOR, ERNAKULAM
               COLLECTORATE, CIVIL STATION, KAKKANAD POST,
               ERNAKULAM DISTRICT - 682030

     4         LOCAL LEVEL MONITORING COMMITTEE
               (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
               KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY.P.O.,
               ERNAKULAM DISTRICT - 683579

     5         AGRICULTURAL OFFICER
               KRISHI BHAVAN, PARAKKADAVU, KURUMASSERY.P.O.,
               ERNAKULAM DISTRICT - 683579


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.31323 of 2023                           2




                               VIJU ABRAHAM, J.
               .................................................................
                          W.P (C) No. 31323 of 2023
               .................................................................
               Dated this the 8th day of November, 2023


                                     JUDGMENT

Petitioner has approached this Court seeking a direction to

the 2nd respondent to consider and pass orders on Ext.P3

application in Form 5 within a time limit to be fixed by this Court.

2. Petitioner is the absolute owner and title holder of a total

extent of 21 Ares of land comprised in survey no.240/15 of

Parakadavu Village in Ernakulam District. Petitioner submits that the

land is included in the data bank as "converted land" and thereupon

she preferred Ext.P3 application to remove the same from the data

bank.

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 2 nd respondent to consider and pass

orders on Ext.P3 application in Form 5 in accordance with law within

a period of four months from the date of receipt of a copy of the

judgment. Petitioner will be free to file argument notes incorporating

copies of the judgments if any relied on by her to substantiate the

contentions and the 2nd respondent RDO while considering the

matter as directed above, shall advert to the contentions of the

petitioner in the argument notes submitted by her.

With the abovesaid direction, the above writ petition is

disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 31323/2023

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 11.04.2023 ISSUED BY THE PAARAKADAVU VILLAGE OFFICE.

Exhibit P2 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED IN GAZETTE DATED 24.03.2012.

Exhibit P3 A COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 08.08.2023.

Exhibit P4               A COPY OF THE CHALLAN
                         NO.KL009719071202324E DATED
                         21.06.2023.