Kerala High Court
Mini Alias 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. 35225 OF 2023
PETITIONER:
MINI ALIAS
AGED 51 YEARS
W/O.K.P.ALIAS, KOUNGAMPPILLIL HOUSE, THRIKKARIYOOR PO,
KOTHAMANGALAM ERNAKULAM, PIN - 686692
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT , THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER
GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD,
MUVATTUPUZHA, PIN - 686673
4 THE TAHSILDAR
FOURTH FLOOR, REVENUE TOWER, SH 16, KOTHAMANGALAM, PIN
- 686666
5 VILLAGE OFFICER
THRIKKARIYUR, THRIKARIYUR VILLAGE OFFICE KOTHAMANGALAM,
PIN - 686666
6 THE LOCAL LEVEL MONITORING COMMITTEE
THRIKKARIYUR REPRESENTED CONVENOR, AGRICULTURAL
OFFICER, KRISHI BHAVAN, THRIKKARIYUR, PIN - 686666
BY G.P., SRI. 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. 35225 of 2023 :2:
VIJU ABRAHAM , J.
===========================
WP(C) No. 35225 of 2023
============================
Dated this the 27th day of October, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the
4th respondent to consider and pass orders on Ext P8 representation
in the light of Exts P4 and P6.
2. Petitioner is in possession and enjoyment of 18.77 ares of
land in Sy.No.561/2,4,5 and 16.19 ares in Sy.No.569/1-2 of Thrikariyur
Village. Petitioner submits that by Ext P4 order, permission under the
KLU order has been granted in respect of the above mentioned
properties and the petitioner was granted a building permit for
construction of a residential house as per Ext P5. Though a stop
memo was issued by the Revenue Divisional Officer claiming that the
property is a 'nilam' in the Basic Tax Register, this Court has
interfered with the stop memo and set aside the same as per Ext P6.
Petitioner in the meanwhile has filed a Form 5 application to remove
the property from the data bank as is evident from Ext P9.
3. I have 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 and pass orders on Ext P9,
in accordance with law, as expeditiously as possible, at any rate
within an outer limit of three months from the date of receipt of a
copy of this judgment. Petitioner will be free to file the argument
notes producing all documents in support of her contentions which
shall also be appropriately considered by the 3 rd respondent while
taking a decision as directed above.
With the above said direction, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
APPENDIX OF WP(C) 35225/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 18-5-2022 ISSUED BY THE THRIKARIYOOR
VILLAGE OFFICE
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK
Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
7-4-2021
Exhibit P4 TRUE COPY OF THE ORDER A9/7102/2015/K.DIS
DATED 24-11-2015 OF THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER NO.C3/6499/16/
123/16-17 ON 22-9-2016
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WRIT PETITION
NO. 36359/2016 DATED 23-6-2017
Exhibit P7 TRUE COPY OF THE APPLICATION FOR DELETION
OF THE PROPERTY IN SY NO.561/2 FROM THE
DATA BANK BEFORE THE LLMC ON 21-1-2017
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE 4TH RESPONDENT
DATED 20-4-2022
Exhibit P9 TRUE COPY OF FORM 5 APPLICATION DATED 19-
5-2022 SUBMITTED BEFORE THE 3RD RESPONDENT
