Kerala High Court
Apco Papers Private Limited vs The Revenue Divisional Officer, ... on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WP(C) NO. 34703 OF 2023
PETITIONER:
APCO PAPERS PRIVATE LIMITED,AGED 68 YEARS, REGD
OFFICE AT 19/451,THYNOTHIL ROAD,NEAR PRIVATE BUS
STAND, ALUVA-683 101, REPRESENTED BY ITS MANAGING
DIRECTOR A.P. GEORGE. S/O LATE A. K. POULOSE,
AGED 68, RESIDING AT AMBOOKEN HOUSE, WEST
CHALAKUDY, THRISSUR., PIN - 680307
BY ADV K.R.SUNIL
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, KOCHI,
THE REVENUE DIVISIONAL OFFICE, FORT KOCHI,
ERNAKULAM DIST., PIN - 682001
2 THE TAHSILDAR (LR) TALUK OFFICE, 1ST FLOOR, MINI
CIVIL STATION, CIVIL STATION ROAD, PERIYAR NAGAR,
ALUVA, ERNAKULAM DIST., PIN - 683101
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
VIJU ABRAHAM,J
-----------------------
W.P.(C).No.34703 of 2023
---------------------------------
Dated this the 26th day of October, 2023
JUDGMENT
Petitioner has approached this Court seeking a
direction to the 2nd respondent to consider Form A
application submitted by the petitioner on
29.7.2022, in the light of Ext.P5 order issued by
the 1st respondent. Petitioner has earlier
approached this Court by filing WP(C) No.26542 of
2022 to consider the petitioner's Form A
application on the basis of the order dated
4.2.1987 issued by the Revenue Divisional Officer
under the Kerala Land Utilisation Order 1967 and
the said writ petition was allowed as per Ext.P1
judgment directing to consider the petitioner's
Form A application within a period of one month
from the date of receipt of a copy of the
judgment. The directions contained in Ext.P1 was
not complied with and a contempt of court was
filed as Cont.Case No.28 of 2023. This Court
closed the said contempt as per Ext.P3 order
holding that since the respondent has passed an
order as evidenced by Ext.P2, there is substantial
compliance of the direction, with liberty to the
petitioner to challenge Ext.P2 order dated
16.1.2023. Petitioner inorder to remove the
property from the data bank submitted Form-5
application and since there was delay in
considering the same, approached this Court filing
WP(C) No.6464/2023 and this Court disposed of the
writ petition with a direction to the RDO to
consider and pass orders on the same as per Ext.P4
judgment. Again petitioner has approached this
Court filing a contempt of court case alleging non
compliance of Ext.P4 judgment. Thereafter, while
the contempt was pending, Ext.P5 order has been
issued whereby the property was removed from the
data bank. Petitioner's grievance is that in
spite of issuance of Ext.P5 no further orders have
been issued on Form A application submitted by the
petitioner. Thereupon, petitioner submitted Ext.P6
request before the 1st respondent seeking a
direction to pass orders on his application in
Form-A.
2. Heard the learned Government Pleader also.
3. The learned Government Pleader upon
instructions submitted that in view of Ext.P5
order removed from the property from the data
bank, there can be no impediment for considering
and passing orders on Form A application submitted
by the petitioner.
4. Therefore, the above writ petition is
disposed of with a direction to the 2 nd respondent
to take a decision on Form A application submitted
by the petitioner in the light of Ext.P5 order
issued by the 1st respondent and also in the light
of the judgments in Mary Abraham v. State of
Kerala and other (2020 (4) KLT 448), District
Collector, Ernakulam and others v. Fr.Jose Uppani
and others (2020 (4) KLT 612) and also the
judgment in Musthafa v. State of Kerala (2023 (5)
KHC 201).
In view of the long pendency of the matter,
there will be a direction to the 2nd respondent to
finalise the proceedings as directed above, within
an outer limit of one month from the date of
receipt of a copy of this judgment.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 34703/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED
07.10.2022 IN WRIT PETITION(C) NO 26542
OF 2022 OF THIS HON'BLE COURT
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
16.01.2023, ISSUED BY THE 2ND
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED
07.02.2023 IN CONTEMPT OF COURT CASE
NO.28/2023 OF THIS HON'BLE COURT
Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED
10.03.2023 IN W.P.(C) NO. 6464/2023 OF
THIS HON'BLE COURT
Exhibit P5 THE TRUE COPY OF THE ORDER DATED
22.08.2023 ISSUED BY THE REVENUE
DIVISIONAL OFFICER FORT KOCHI REMOVING
THE PETITIONER'S LAND FROM THE DATA
BANK
Exhibit P6 THE TRUE COPY OF THE REQUEST DATED
23.08.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT
