Kerala High Court
Saraswathy Vidya Nikethan School vs State Of Kerala on 4 January, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA,
1945
WP(C) NO. 15302 OF 2023
PETITIONER/:
SARASWATHY VIDYA NIKETHAN SCHOOL
CHENGAMANAD.PO, ERNAKULAM DISTRICT.
REPRESENTED BY ITS MANAGER R.V.JAYAKUMAR,
S/O.VISWANANDHAN, AGED 58 YEARS,
HARIVARASANAM, CHENGAMANAD.PO, KUNNUKARA,
ERNAKUALM, PIN - 683578
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
B.S.SURAJ KRISHNA
LEKSHMI S.SEKHER
K.J.SUNIL
FEMY M.ANTONY
BABU SALIH
RAHEEMA A.V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 TAHSILDAR
ALUVA TALUK, MINI CIVIL STATION, ALUVA
ERNAKULAM, PIN - 683101
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
ERNAKULAM, PIN - 682001
4 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, CHENGAMANAD, DESOM.PO,
ALUAV, ERNAKUALM, PIN - 683102
WP(C) NO. 15302 OF 2023
2
5 VILLAGE OFFICER
CHENGAMANAD VILLAGE OFFICE,
CHENGAMANAD.PO, ERNAKULAM, PIN - 683578
6 CHENGAMANAD GRAMA PANCHAYATH
CHENGAMANAD GRAMA PANCHAYATH OFFICE,
PUTHUVASERRY, NEDUMBASSERY.PO,
ERNAKULAM REPRESENTED BY ITS SECRETARY,
PIN - 683585
BY ADV ANIL K.MUHAMED - s.c.
SR.G.P.SMT. AMMINIKUTTY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.01.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15302 OF 2023
3
JUDGMENT
The writ petition is filed seeking the following
reliefs:-
"I. Issue a writ of Mandamus or any other
appropriate writ or order or direction to the
Respondents No.3 to consider and pass appropriate
orders on Petitioner application for remove the land
from the data bank and thereby to change the
nature of land in revenue records in the light of
Exhibit-P5 KSREC report in accordance with law as
expeditiously as possible.
II. Permit the petitioner with dispensing with
filling of the translation of Exhibit-P2, Exhibit-P3,
Exhibit-P4, Exhibit-P5 vernacular documents
produced herewith".
2. When this writ petition came up for
consideration on 25.07.2023, this Court directed the
learned Government Pleader to get instructions as to
whether Form-5 application submitted by the
petitioner has been received and is pending.
3. The learned Government Pleader, on
instructions, submits that Form-5 application
submitted by the petitioner has been received and
WP(C) NO. 15302 OF 2023
the same is pending.
4. The learned counsel for the petitioner
submits that pursuant to the Form-5 application, a
site inspection was conducted on 18.10.2023.
In the light of the aforesaid submissions, this writ
petition is disposed of directing the 3 rd respondent to
take a final decision on Form-5 application submitted
by the petitioner as expeditiously as possible, at any
rate, within a period of two months from the date of
receipt of a copy of this judgment. All the contentions
of the petitioner in the writ petition are left open.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-
WP(C) NO. 15302 OF 2023
APPENDIX OF WP(C) 15302/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION
CERTIFICATE NO-30898819 DATED
03.03.2018 ISSUED BY THE
RESPONDENT NO-5
Exhibit P1(a) TRUE COPY OF THE POSSESSION
CERTIFICATE NO-30796990 DATED
27.02.2018 ISSUED BY THE
RESPONDENT NO-5
Exhibit P1(b) TRUE COPY OF THE POSSESSION
CERTIFICATE NO-31320342 DATED
26.03.2018 ISSUED BY THE
RESPONDENT NO-5
Exhibit P2 RUE COPY OF THE REPORT DATED
12.08.2016 OF THE RESPONDENT NO-
Exhibit P3 TRUE COPY OF THE LETTER NO-01/19
DATED 05.01.2019 OF THE
RESPONDENT NO-5
Exhibit P4 TRUE COPY OF THE LETTER NO-CHD
10/18-19 DATED 24.06.2019 OF THE
RESPONDENT NO-4
Exhibit P5 TRUE COPY OF THE LETTER NO-CHD-
04/2020-2021 DATED 08.02.2021
ALONG WITH THE KSREC REPORT OF
RESPONDENT NO-4
Exhibit P6 TRUE COPY OF THE REPRESENTATION
DATED 23.10.2018 SUBMITTED
BEFORE THE RESPONDENT NO-3
