Kerala High Court
Dr. Shibu Andrews vs State Of Kerala on 24 May, 2024
W. P. (C) No. 16514 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 16514 OF 2024
PETITIONER:
DR. SHIBU ANDREWS, AGED 60 YEARS,
S/O. C.A. ANDREWS, CHAZHOOR HOUSE, PLOT NO. 23,
MANJOORAN ORCHID MEADOWS, KAKKANAD P.O., KOCHI,
PIN - 682030.
BY ADV. SRI. P.A.SALIM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE REVENUE DIVISIONAL OFFICER, THRISSUR,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
THRISSUR CIVIL STATION, CIVIL LINE ROAD,
AYYANTHOLE P.O, THRISSUR DISTRICT, PIN - 680003.
3 THE TAHSILDAR,
CHAVAKKAD TALUK, TALUK OFFICE,
CHAVAKKAD,VANJIKADAVU ROAD, CHAVAKKAD P.O.,
THRISSUR DISTRICT, PIN - 680506.
4 THE VILLAGE OFFICER,
MULLASSERY VILLAGE, OFFICE OF THE MULLASSERY
VILLAGE, MULLASSERY P.O., CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680509.
W. P. (C) No. 16514 of 2024
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SMT.AMMINIKUTTY K, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 16514 of 2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 16514 of 2024
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Dated this the 24th day of May, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 8.70 Ares of land comprised in Survey No. 116/2A-4 situated in
Mullassery Village, Chavakkad Taluk in Thrissur District, has preferred
Ext.P-5 application under Form-9 of the Kerala Conservation of Paddy
Land and Wetland Act and Rules, 2008, (for short, "the Act and the
Rules") seeking permission for making necessary changes in the nature of
land in the BTR.
2. The learned counsel for the petitioner submits that any
transaction with respect to the property is rendered impossible because of
the entries and the petitioner who is in financial need to conduct his
daughter's marriage by taking a loan or by the sale of the property, is
prevented from doing so on account of the wrong entries in the revenue
records.The learned counsel for the petitioner submits that no orders have
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been passed on the statutory application so far.
3. Under such circumstances and taking into account the urgency of
the situation, there will be a direction to the 4th respondent Village Officer
to give sufficient inputs required under the Act and the Rules to the
2nd respondent Revenue Divisional Officer within one month from today.
On receipt of the same, the 2nd respondent Revenue Divisional Officer
will consider Ext.P-5 application within two months thereafter and pass
orders strictly in terms of the Act and the Rules.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF WP(C).NO.16514/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE OF THE TAX RECEIPT ISSUED BY THE
VILLAGE OFFICER, MULLASSERY DATED 15-
04-2024
EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO. 96/1959
OF MULLASSERY SRO
EXHIBIT P2A TYPED COPY OF EXHIBIT P2
EXHIBIT P3 TRUE COPY OF THE RELEASE DEED NO.
117/1985 OF MULLASSERY SRO DATED
19/1/1985
EXHIBIT P4 TRUE COPY OF THE PARTITION DEED NO.
125/1985 OF MULLASSERY SRO DATED
21/1/1985
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE
FORM 9 APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 18-4-2024
