Kerala High Court
Nivil.S.Chungath vs State Of Kerala on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(C) NO. 35365 OF 2023
PETITIONER:
NIVIL.S.CHUNGATH, AGED 46 YEARS,
S/O. SAMUEL (LATE), CHUNGATH HOUSE,
CHOWANNUR .P.O, KUNNAMKULAM,
THRISSUR DISTRICT., PIN - 680517
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, CIVIL LINES ROAD,
KALYAN NAGAR, AYYANTHOLE , THRISSUR DISTRICT.,
PIN - 680003
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, CIVIL STATION,
CIVIL LINES ROAD, AYYANTHOLE, THRISSUR DISTRICT.,
PIN - 680003
4 TAHSILDAR
KUNNAMKULAM TALUK OFFICE, KODUNGALLUR-SHORNUR ROAD,
WADAKKANCHERY , THRISSUR DISTRICT., PIN - 680623
5 VILLAGE OFFICER
VILLAGE OFFICE, CHOWANNUR, WADAKKENCHERY ROAD,
KUNNAMKULAM, THRISSUR DISTRICT., PIN - 680503
6 LOCAL LEVEL MONITORING COMMITTEE
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
KRISHI BHAVAN, CHOWANNUR, CHOWANNUR.P.O.,
THRISSUR DISTRICT., PIN - 680517
WP(C) No.35365 of 2023 2
7 AGRICULTURAL OFFICER
KRISHI BHAVAN, CHOWANNUR, CHOWANNUR.P.O.,
THRISSUR DISTRICT., PIN - 680517
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.35365 of 2023 3
VIJU ABRAHAM, J.
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W.P (C) No.35365 of 2023
.................................................................
Dated this the 27th day of October, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the 3 rd
respondent to consider and pass orders on Ext.P4 Form 9 application
within a time frame fixed by this Court.
2. Petitioner is the absolute owner and title holder of an extent of 60.72
Ares of land comprised in survey no.279/2 of Chowannur Village in Thrissur
District. Petitioner submits that his property is a dry land and it was
converted much before 1967 and the land is surrounded by road,
residential plots and garden land and that there is no scope for paddy
cultivation in the said land and the adjacent lands for decades and even
now, but it has been wrongly included in the data bank. Petitioner would
further submits that in respect of the said property for certain extent of land
he has obtained permission under the Kerala Land Utilization Order as per
Ext.P3 order. In view of the same petitioner submitted Ext.P4 application in
Form 9 before the 3rd respondent and seek for expeditious disposal of the
same.
3. Heard the learned Government Pleader also.
After hearing both sides I am inclined to dispose of the writ petition
with a direction to the 3rd respondent to consider Ext.P4 application in Form
9 in accordance with law as expeditiously as possible, at any rate within an
outer limit of four months from the date of receipt of a copy of the judgment.
With the abovesaid direction, the above writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 35365/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT DATED
14.03.2023 OF CHOWANNUR VILLAGE OFFICE.
Exhibit P2 A COPY OF THE ORDER NO.B3-243/2021/EC
DATED 27.06.2022 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P3 A TRUE COPY OF ORDER NO.B1-54744/15
DATED 22.07.2015 OF SUB COLLECTOR,
THRISSUR.
Exhibit P4 A TRUE COPY OF FORM.9 APPLICATION OF THE
PETITIONER DATED 08.08.2023 .
