Joseph Varkey vs The District Collector
2023 Latest Caselaw 11799 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                      WP(C) NO. 37839 OF 2023
PETITIONER/S:

             JOSEPH VARKEY
             AGED 58 YEARS
             S/O. T. J. VARKEY, THEKKEDATH HOUSE, KALOOR,
             ERNAKULAM, PIN - 682017
             BY ADVS.
             FARHANA K.H.
             AMJATHA D.A.
             MUHASIN K.M.

RESPONDENT/S:

     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
             KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK, MARINE
             DRIVE, KOCHI, PIN - 682011
     4       THE AGRICULTURAL OFFICER
             TRIPUNITHURA KRISHI BHAVAN, MINI CIVIL STATION,
             TRIPUNUTHURA, ERNAKULAM, PIN - 682301
     5       THE DIRECTOR
             KERALA STATE REMOTE SENSING AND ENVIRONMENT
             CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -
             695033
OTHER PRESENT:

             GP - RIYAL DEVASSY


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.11.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.37839 of 2023        :2:



                            VIJU ABRAHAM, J.
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                       W.P.(C) No.37839 of 2023
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                Dated this the 16th day of November, 2023

                               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 an

extent of 35.98 Ares of land, comprised in Survey No. 59 (old Sy.

No.472), in Nadama Village, Kanayannur Taluk, 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.

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 sm/

APPENDIX OF WP(C) 37839/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.10.2020 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK OF TRIPUNITHURA MUNICIPALITY DATED 10.02.2021 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 25.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 02.09.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION