Kerala High Court
Reji Sabu vs State Of Kerala on 8 November, 2023
W.P.(C) No.36917 of 2023 1
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. 36917 OF 2023
PETITIONERS:
1 REJI SABU,AGED 51 YEARS
W/O.SABU (LATE), KOTTACKAL HOUSE, MEKKAD.P.O.,
NEDUMBASSERY ERNAKULAM, PIN - 683589
2 AKASH SABU,AGED 21 YEARS
S/O.SABU (LATE), KOTTACKAL HOUSE, MEKKAD.P.O.,
NEDUMBASSERY ERNAKULAM, PIN - 683589
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 REVENUE DIVISIONAL OFFICER, FORT KOCHI,
REVENUE DIVISIONAL OFFICE, KB JACOB RD, FORT
KOCHI, ERNAKULAM, PIN - 682001
3 TAHSILDAR,
ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL
STATION, CIVIL STATION ROAD, PERIYAR NAGAR,
ALUVA, ERNAKULAM, PIN - 683101
4 VILLAGE OFFICER,
VILLAGE OFFICE, NEDUMBASSERY, MEKKAD, ANGAMALY,
ERNAKULAM, PIN - 683589
5 LOCAL LEVEL MONITORING COMMITTEE,
W.P.(C) No.36917 of 2023 2
(REPRESENTED BY ITS CONVENER AGRICULTURAL
OFFICER) KRISHI BHAVAN, NEDUMBASSERY, P.O.MEKKAD,
ERNAKULAM, PIN - 683589
6 AGRICULTURAL OFFICER,
KRISHI BHAVAN, NEDUMBASSERY, P.O.MEKKAD,
ERNAKULAM, PIN - 683589
7 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTER,
1ST FLOOR, VIKAS BHAVAN, NEAR LEGISLATIVE
ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE
CAMPUS, PMG, THIRUVANANTHAPURAM REPRESENTED BY
ITS DIRECTOR, PIN - 695033
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:
W.P.(C) No.36917 of 2023 3
VIJU ABRAHAM, J.
-------------------
W.P.(C) No.36917 of 2023
--------------------------------
Dated this the 8th day of November, 2023
JUDGMENT
The petitioners have approached this Court
seeking a direction to consider Ext.P3 Form 5
application pending before the 2nd respondent.
2. The petitioners submit that the property
has been converted long back and the land is
surrounded by road, residential plots and garden
land and there is a building situated in the
property also, which have been constructed after
getting a permit from the concerned authority.
Petitioners submit that they require removal of
the property from the data bank for availing loan
from the bank for the purpose of the education on
the second petitioner, who has secured admission
abroad, as is evident from Ext.P4. Thereupon, the
petitioners would submit that the application may
be directed to be disposed of at the shortest
possible time.
3. Heard the learned Government Pleader also.
After hearing both sides, taking into
consideration the urgency of the petitioners.
There will be a direction to the 2nd respondent to
take up Ext.P3 application in Form 5 and dispose
of the same at the earliest, at any rate, within
an outer limit of two months from the date of
receipt of a copy of this judgment. If KSRSEC
report is necessary for finalizing the proceedings
on Ext.P3, there will be a direction to the 7 th
respondent to see that KSRSEC report is made
available to the 2nd respondent through the 6th
respondent without any delay, at any rate, within
a period of two weeks from the date of such
request made by the 6th respondent.
The writ petition is disposed of as above.
Sd/-
VIJU ABRAHAM
JUDGE
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APPENDIX OF WP(C) 36917/2023
PETITIONERS' EXHIBITS
Exhibit P1 THE COPY OF THE TAX RECEIPT DATED
14.07.2023 ISSUED BY NEDUMBASSERY
VILLAGE OFFICE
Exhibit P2 A COPY OF THE RELEVANT PAGE OF DATA
BANK ISSUED BY THE 6TH RESPONDENT
Exhibit P3 A COPY OF THE FORM.5 APPLICATION DATED
11.08.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT FOR EXCLUDING PETITIONERS
PROPERTY FROM DATA BANK
Exhibit P4 A COPY OF THE OFFER LETTER OF THE 2ND
PETITIONER FROM BY THE LA TROBE
UNIVERSITY, AUSTRALIA DATED 02.08.2023
