Kerala High Court
Roy M.X vs State Of Kerala on 16 January, 2025
2025:KER:3230
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
WP(C) NO. 2328 OF 2021
PETITIONERS:
1 ROY M.X.,
AGED 45 YEARS
S/O XAVIER, RESIDING AT MALIEKAL HOUSE, MULAVUKAD
VILLAGE, MULAVUKAD P.O., ERNAKULAM DISTRICT-682 504.
2 SIMY ROY,
AGED 36 YEARS
W/O ROY.M.X, RESIDING AT MALIEKAL HOUSE, MULAVUKAD
VILLAGE, MULAVUKAD P.O.ERNAKULAM DISTRICT-682 504.
BY ADVS.
V.K.PRASAD
R.SUDHIR
C.SIVADAS
AKHIL SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA,
SECRETARY TO THE GOVERNMENT, DEPARTMENT OF AGRICULTURE,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
3 DISTRICT COLLECTOR,
ALAPUZHA DISTRICT, COLLECTORATE, CIVIL STATION,
ALAPUZHA-688 001.
4 PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, ALAPPUZHA P.O.ALAPUZHA-688 001.
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5 LOCAL LEVEL MONITORING COMMITTEE (LLMC),
REP BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI
BHAVAN, THYKKATTUSSERY P.O.ALAPPUZHA-688 528.
6 AGRICULTURAL OFFICER,
KRISHI BHAVAN, THYKKATTUSSERY P.O.ALAPUZHA-688 528.
7 VILLAGE OFFICER,
THYKKATTUSSERY VILLAGE, ALAPUZHA DISTRICT-688 528.
8 THYKKATTUSSERY GRAMA PANCHAYATH,
REP ITS SECRETARY, THYKKATTUSSERY P.O.ALAPPUZHA
DISTRICT-688 528.
*ADDL.R9 SUB-COLLECTOR,
ALAPPUZHA, REVENUE DIVISIONAL OFFICE, OPPOSITE TO
DISTRICT COURT COMPLEX, SH40, THODANKULANGARA,
ALAPPUZHA -688013
*(ADDL.R9 IS IMPLEADED AS PER ORDER DATED 11.07.2024
IN I.A.1/2024 IN WPC 2328/2021.)
BY ADV C.K.SAJEEV
GP-RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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VIJU ABRAHAM , J.
===========================
WP(C) No. 2328 of 2021
============================
Dated this the 16th day of January, 2025
JUDGMENT
Petitioners have approached this Court challenging Ext.P12, whereby
the application submitted before the Local Level Monitoring Committee to
remove the property from the data bank has been rejected stating that
only after finalisation of the data bank the application in Form 5 could be
considered by the authorities.
2. Petitioners submit that after the finalisation of the data bank
Ext.P17 Form-5 application has been submitted by the petitioners which is
stated to be pending consideration before the 9th respondent.
Taking into consideration the intervening development, I am inclined
to dispose of the writ petition with a direction to the 9th respondent/the
authorised officer concerned to take a decision on Ext.P17 Form-5
application, without any delay at any rate within an outer limit of three
months from the date of receipt of a copy of this judgment, and after
obtaining necessary report from the Agriculture Officer and after obtaining
the KSRSEC report if necessary, the expenses of which shall be borne by
the petitioners.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2025:KER:3230
APPENDIX OF WP(C) 2328/2021
PETITIONER EXHIBITS
Exhibit P15 A TRUE COPY OF THE REPORT RECEIVED BY RTI
DATED 25.04.2024 ISSUED BY VILLAGE OFFICER
REGARDING THE PROPERTY OF THE 1ST
PETITIONER.
Exhibit P16 A TRUE COPY OF THE REPORT DATED 05.07.2021
ISSUED BY AGRICULTURAL OFFICER REGARDING
THE PROPERTY OF THE 1ST PETITIONER.
Exhibit P17 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 15.03.2024
Exhibit P18 A TRUE COPY OF THE REPORT DATED 05.07.2021
ISSUED BY AGRICULTURAL OFFICER REGARDING
THE PROPERTY OF THE 2ND PETITIONER.
Exhibit P19 A TRUE COPY OF THE REPORT RECEIVED BY RTI
DATED 25.04.2024 ISSUED BY VILLAGE OFFICER
REGARDING THE PROPERTY OF THE 2ND
PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE BUILDING PERMIT NO
A4/4651/10 DATED 5.10.2010 ISSUED TO THE
2ND PETITIONER
EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK REGISTER OF THYKKATTUSSERY GRAMA
PANCHAYAT SIGNED BY THE 6TH RESPONDENT
AGRICULTURAL OFFICER
EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE NO
4176/2011 DATED 18.10.2011 ISSUED BY THE
7TH RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P9 A TRUE COPY OF THE CERTIFICATE NO 177/11
DATED 18.10.2011 ISSUED BY THE 7TH
RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO 871/2009
DATED 6.4.2009 OF PANAVALLY SUB REGISTRY
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EXHIBIT P11 A TRUE COPY OF THE REPLY ISSUED BY 6TH
RESPONDENT UNDER REFERENCE NO T.S.Y
13/2019-20 ALONG WITH A COPY OF THE
MINUTES OF THE MEETING OF THE 5TH
RESPONDENT LLMC DATED 11.2.2020
EXHIBIT P12 A TRUE COPY OF THE LETTER UNDER REFERENCE
NO TA(3)15091/19 DATED 29.6.2020 ISSUED Y
THE 4TH RESPONDENT PRINCIPAL AGRICULTURAL
OFFICER, ALAPPUZHA DISTRICT
EXHIBIT P13 A TRUE COPY OF THE LETTER SUBMITTED TO 5TH
RESPONDENT LLMC BY THE PETITIONERS ON
14.5.2020
EXHIBIT P14 A TRUE COPY OF PAGE NO 07 OF MALAYALA
MANORAMA DAILY DATED 26.11.2020 IN WHICH
THE NEWS ITEM APPEARED
EXHIBIT P10 A TRUE COPY OF THE REQUEST LETTER DATED
10.12.2019 SUBMITTED BEFORE THE 4TH
RESPONDENT PRINCIPAL AGRICULTURAL OFFICER,
ALAPPUZHA DISTRICT
EXHIBIT P2 A TRUE COPY OF THE SALE DEED NO 869/2009
DATED 6.4.2009 OF PANAVALLY SUB REGISTRY
EXHIBIT P3 A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 7TH RESPONDENT TO THE 1ST
PETITIONER
EXHIBIT P4 A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 7TH RESPONDENT TO THE 2ND
PETITIONER
EXHIBIT P5 A TRUE COPY OF THE BUILDING PERMIT NO
A4/4652/10 DATED 1.10.2010 ISSUED TO THE
1ST PETITIONER
