Fathima Abdul Khadar vs The District Collector
2023 Latest Caselaw 11507 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. 36700 OF 2023

PETITIONER:

               FATHIMA ABDUL KHADAR
               AGED 58 YEARS
               W/O. ABDUL KHADAR, MUNDETH HOUSE, BUNGLAUW ROAD, MEKKALADY,
               KALADY, ERNAKULAM, PIN - 683574

               BY ADVS.
               FARHANA K.H.
               AMJATHA D.A.
               MUHASIN K.M.


RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030

      2        THE REVENUE DIVISIONAL OFFICER
               FORT KOCHI REVENUE DIVISIONAL OFFICE,      K B JACOB ROAD, FORT
               KOCHI, ERNAKULAM, PIN - 682001

      3        THE TAHSILDAR
               ALUVA TALUK OFFICE,   GROUND FLOOR, MINI CIVIL STATION,
               PERIYAR NAGAR, ALUVA, PIN - 683101

      4        THE AGRICULTURAL OFFICER
               NEDUMBASSERY KRISHI BHAVAN,      ANGAMALY, ERNAKULAM, PIN -
               683572

      5        THE DIRECTOR
               KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS
               BHAVAN, THIRUVANANTHAPURAM, PIN - 695033


OTHER PRESENT:

               GP - SYAMANTHAK B.S.

      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. 36700 OF 2023
                                        2




                                JUDGMENT

The petitioner has approached this Court seeking a direction to

the 2nd respondent to consider and pass orders on Ext.P3 - Form 5

application, submitted by the petitioner.

2. The petitioner is the absolute owner and is in possession of a

total extent of 97.12 Ares of land, out of which 8.22 Ares comprised

in Survey No.120/13-3 of Nedumbassery Village, Aluva Taluk of

Ernakulam District. The property is mentioned as 'Nilam' in the

revenue records and is included in the data bank. Thereupon the

petitioner has preferred Ext.P3 application in Form-5 before the 2 nd

respondent, to remove the property from the data bank.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I am inclined to dispose of the above

writ petition with a direction to the 2 nd respondent to consider and

pass orders on Ext.P3 application submitted by the petitioner in

accordance with law, within an outer limit of four months from the

date of receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE

rp WP(C) NO. 36700 OF 2023

APPENDIX OF WP(C) 36700/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 29.04.2023

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK ISSUED BY NEDUMBASSERY VILLAGE DATED 27.07.2012

Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 22.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 27.07.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION