Sheffin.K.Francis vs State Of Kerala
2023 Latest Caselaw 12538 Ker

Kerala High Court

Sheffin.K.Francis vs State Of Kerala on 22 November, 2023

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                      WP(C) NO. 38355 OF 2023
PETITIONER:

           SHEFFIN.K.FRANCIS
           AGED 34 YEARS
           S/O FRANCIS, KOOLIYATTIL HOUSE, NADAMA VILLAGE,
           KANAYANNUR TALUK, TRIPUNITHURA P.O. ERNAKULAM
           DISTRICT, PIN - 682301
           BY ADVS.
           VARGHESE C.KURIAKOSE
           AMRITHA.J
           KURUVILLA MATHEW
           VIPIN C. VARGHESE


RESPONDENTS:

     1     STATE OF KERALA
           REP. BY SECRETARY, DEPARTMENT OF REVENUE,
           SECRETARIAT, TRIVANDRUM, PIN - 695001
     2     THE REVENUE DIVISIONAL OFFICER
           O/O REVENUE DIVISIONAL OFFICER, FORT KOCHI, KOCHI,
           PIN - 682001
     3     AGRICULTURAL OFFICER (CONVENER)
           KRISHI BHAVAN, MINI CIVIL STATION, IIND FLOOR,
           TRIPUNITHURA,ERNAKULAM DISTRICT, PIN - 682301
     4     THE VILLAGE OFFICER
           NADAMA VILLAGE, NADAMA, TRIPUNITHURA, ERNAKULAM
           DISTRICT, PIN - 682301
OTHER PRESENT:

           GOVERNMENT PLEADER - RIYAL DEVASSY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.38355 of 2023


                             2




                     VIJU ABRAHAM,J
                     -----------------------
              W.P. (C).No.38355 of 2023
                ---------------------------------
       Dated this the 22nd 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.P5 - Form 6 application, submitted by the

petitioner.

2. The petitioner is the absolute owner and is in

possession of the property having a total extent of 2.51

ares comprised in Re-Sy No.25 in block No.359 of

Thekkumbhagam Village. A perusal of Ext.P3 reveals

that the property has been removed from the data bank.

The properties are mentioned as 'Nilam' in the revenue

records. Thereupon the petitioner has preferred Ext.P5

application in Form-6 before the 2nd respondent, to

change the nature of 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.P5

application submitted by the petitioner in accordance

with law, within an outer limit of three months from the

date of receipt of a copy of this judgment.

SD/-

VIJU ABRAHAM, JUDGE rmm/22/11/2023

APPENDIX OF W.P.(C).No.38355/2023

PETITIONER'S EXHIBITS Exhibit P1 PHOTOSTAT COPY OF THE SALE DEED NO.38/1/2019 OF SRO, TRIPUNITHURA.

Exhibit P2 PHOTOSTAT COPY OF THE REPORT NO.212/2021 DATED 21.04.2021 ISSUED BY THE 4TH RESPONDENT, VILLAGE OFFICER TO THE 2ND RESPONDENT.

Exhibit P3 PHOTOSTAT COPY OF THE CERTIFICATE DATED 01.11.2018 WITH DOCUMENT NO.KBT 16/18-19 ISSUED BY THE AGRICULTURAL OFFICER TO THE 2ND RESPONDENT.

Exhibit P4                PHOTOSTAT COPY OF THE DATA BANK OF
                          PADDY    LANDS   AND   WETLANDS    OF
                          TRIPUNITHURA            MUNICIPALITY,
                          THEKKUMBHAGAM VILLAGE.

Exhibit P5                PHOTOSTAT   COPY   OF  THE   FORM   6
                          APPLICATION      DATED     13.04.2021

SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER.