Cicilyamma Mathew vs State Of Kerala
2024 Latest Caselaw 13635 Ker

Kerala High Court

Cicilyamma Mathew vs State Of Kerala on 27 May, 2024

WP(C) No.10109/2024                            1/3                       Order Date : 27-05-2024

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
                      Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
                                     WP(C) NO. 10109 OF 2024
   PETITIONER:

          CICILYAMMA MATHEW, AGED 62 YEARS, W/O. VARGHESE CHACKO, MATHASSERY
          HOUSE, RAJAGIRI P.O., RAJAGIRI P.O., ERNAKULAM-683104 NOW RESIDING
          AT 82-65, 260TH STREET, GLEN OAKS, NEWYORK-11004, REPRESENTED BY HER
          POWER OF ATTORNEY HOLDER M.C.JOHN, AGED 62 YEARS, S/O. M.K. CHACKO,
          MATHASSERY HOUSE, RAJAGIRI P.O., ERNAKULAM, PIN-683104

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE
         DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001
      2. THE DISTRICT COLLECTOR, ERNAKULAM, PIN-682030
      3. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI FORT KOCHI, ERNAKULAM
         DISTRICT, PIN-682001
      4. THE TAHZILDAR, KANAYANNUR, TALUK OFFICE,KANAYANNUR, ERNAKULAM
         DISTRICT, PIN-682001
      5. THE VILLAGE OFFICER, ELAMKULAM, VILLAGE OFFICE, ELAMKULAM, ERNAKULAM
         DISTRICT, PIN-682006
      6. AGRICULTURAL FIELD OFFICER, COCHIN CORPORATION, VYTTILA, ERNAKULAM
         DISTRICT, PIN-682019
      7. KOCHI MUNICIPAL CORPORATION, PARK AVENUE ROAD, MARINE DRIVE, KOCHI,
         REPRESENTED BY ITS SECRETARY, PIN-682011


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct 2nd respondents to provisionally change the nature of
   property covered by Exhibit P2 in revenue records as dryland, pending
   final disposal of this writ petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. CHRISTINE MATHEW, AISWARYA EJ VETTIKOMPIL, ABESH ALOSIOUS & SEN C
   PUTHUPPARAMPIL, Advocates for the petitioner and of SRI. SOBHAN GEORGE,
   Advocate for R7, the court passed the following:
 WP(C) No.10109/2024                             2/3                              Order Date : 27-05-2024



                                     MOHAMMED NIAS C.P., J.
                               -----------------------------------------------
                                     W.P.(C.) No.10109 of 2024
                                ---------------------------------------------
                              Dated this the 27th day of May, 2024



                                               ORDER

Learned Government Pleader takes notice for respondents 1 to 6. Learned

standing counsel takes notice for the 7th respondent. It is seen from Ext.P8 that

the petitioner was given a notice of hearing pursuant to the directions of this

Court in WP(C)No.7433/2021 as early as on 15.9.2021, no final orders have been

passed on the same so far, the same shall be passed within three weeks from

today. The third respondent while passing orders as directed above shall also take

note of the judgment of this Court in State of Kerala and others v. Binu

Mathew Chacko and others [2020 (6) KHC 717], in particular, paragraph 25

thereof.

Post on 19.6.2024.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

dlk/27.05.2024 WP(C) No.10109/2024 3/3 Order Date : 27-05-2024

APPENDIX OF WP(C) 10109/2024 Exhibit P1 A COPY OF THE SALE DEED NO. 5428 OF 2007 OF S.R.O. ERNAKULAM DATED 05.07.2007 Exhibit P2 A COPY OF GIFT DEED NO. 3802 OF 2013 DATED 23.09.2013 Exhibit P3 . A COPY OF THE TAX PAID RECEIPT DATED 12.8.2020 Exhibit P4 . A COPY OF THE LAND IDENTIFICATION DETAILS ISSUED BY KRISHI BHAVAN, VYTTILA Exhibit P5 COPY OF THE LOCATION SKETCH DATED 11.11.2020 ISSUED BY VILLAGE OFFICER, ELAMKULAM Exhibit P 6 A COPY OF THE PETITION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 4.1.2021 Exhibit P7 TRUE COPY OF JUDGMENT IN W.P.(C) NO. 7433 OF 2021 DATED 30.07.2021 Exhibit P8 TRUE COPY OF HEARING NOTICE DATED 15.09.2021 ISSUED BY 3RD RESPONDENT