Thariath vs The Revenue Divisional Officer
2024 Latest Caselaw 25851 Ker

Kerala High Court

Thariath vs The Revenue Divisional Officer on 30 September, 2024

WP(C) NO. 34147 OF 2024

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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                      THE HONOURABLE MR. JUSTICE P.M.MANOJ

         MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                             WP(C) NO. 34147 OF 2024


PETITIONER:

               THARIATH
               AGED 70 YEARS
               S/O. PORINCHU THACHIL HOUSE, CHERUKADAPPURAM, PUTHENVELIKKARA
               P.O, PARAVUR TALUK, ERNAKULAM, PIN - 683594


               BY ADV C.K.SHERIN


RESPONDENTS:

     1         THE REVENUE DIVISIONAL OFFICER
               REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
               FORT COCHIN, PIN - 682001

     2         DEPUTY COLLECTOR(DM)
               COLLECTORATE, CIVIL STATION, KAKKANAD,ERNAKULAM, PIN - 682030

     3         THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, PUTHENVELIKKARA, PARAVUR,
               ERNAKULAM, PIN - 683594

               SMT.AMMINIKUTTY - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34147 OF 2024

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                            JUDGMENT

This writ petition is preferred being aggrieved by the delay

in considering Ext.P6 application in Form-5.

2. It is stated that the petitioner is a senior citizen

and he is in absolute possession and ownership of land having an

extent of 61.4 Ares consist of 16.34 Ares in Sy.No.117/9-9, 23.26

Ares in Sy.No.118/2-2-8 and 21.44 Ares in Sy.No.118/1-1 of

Puthenvelikkara Village, Paravur Taluk, Ernakulam District.

3. It is stated by the learned counsel for the

petitioner that the property of the petitioner in Sy.No.117/9-9 is

actually a converted land and it is described as "converted 15

years above" in the data bank. The other properties are included

as 'Nilam' in the data bank. Moreover, in Ext.P5 data bank, it is

recorded that the land is not suitable for paddy cultivation. Under

such circumstances, petitioner has preferred Ext.P6 application in

Form-5 through online on 19.08.2024 for deleting the property

from the data bank.

4. In response, the learned Government Pleader

submitted that the application is submitted only on 19.08.2024

and there was not much delay as alleged. WP(C) NO. 34147 OF 2024

2024:KER:72884

5. The learned counsel for the petitioner submitted that the

petitioner is a senior citizen and he seeks early disposal of the

application.

6. I have heard Sri.C.K.Sherin, learned counsel for the

petitioner and Smt.Amminikutty, learned Government Pleader for

respondents.

On considering the limited nature of the prayer, I am of

the considered opinion that it is apposite to direct the 3 rd

respondent - Agricultural Officer to forward a report with respect

to the properties in question to the 2nd respondent - Deputy

Collector (DM) within a period of two months from the date of

receipt of a copy of this judgment and on receipt of such report,

the 2nd respondent - Deputy Collector (DM) shall consider and pass

appropriate orders on Ext.P6 within a period of two months

thereafter.

This writ petition is disposed of accordingly.

Sd/-

P.M.MANOJ JUDGE rp WP(C) NO. 34147 OF 2024

2024:KER:72884 APPENDIX OF WP(C) 34147/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO. 2624/1/2012 DATED 03.12.2012

Exhibit P2 TRUE COPY OF THE SALE DEED NO. 1324/1989 DATED 01.12.1989

Exhibit P3 TRUE COPY OF THE SALE DEED NO. 1991/2005 DATED 05.11.2005

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED 17.08.2024 FOR THE PERIOD 2024-2025 ISSUED BY THE PUTHENVELIKKARA VILLAGE OFFICER

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK

Exhibit P6 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 19.08.2024

Exhibit P7 TRUE COPY OF THE RECEIPT DATED 20.08.2024 SHOWING THE ACCEPTANCE OF EXT P6 THROUGH ONLINE