Disposed

Jessy Abraham v. the Revenue Divisional Officer

Kerala HC11 Dec 2017WP(C)/31731/2017

Case brief

AI extract

What is this about?

L.P. Nair J. disposed this writ petition by directing the Additional 5th Respondent to consider and pass orders on the petitioner's application seeking removal of specified land from the data bank, within two months, in light of the relevant Government Order.

What did the court decide?

Direction to the Additional 5th Respondent to consider and pass orders on the removal application within two months.

Jessy Abraham Vs the Revenue Divisional Officer — Property and Title | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 11TH DAY OF DECEMBER 2017/20TH AGRAHAYANA, 1939

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WP(C).No. 31731 of 2017 (N) ----------------------------

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PETITIONER:

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JESSY ABRAHAM, AGED 57 YEARS, W/O K.A. ABRAHAM, KUNNUKANDATHIL, KUTTOOR P.O, THIRUVALLA 689106.

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BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

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RESPONDENT(S):

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1. THE REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, REVENUE TOWER, THIRUVALLA (P.0) 689621.

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2. THE AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, KUTTOOR (P.O.) 689106.

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3. THE VILLAGE OFFICER, VILLAGE OFFICE, KUTTOOR (P.O.) 689106.

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4. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA.

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*** ADDL R5 IMPLEADED 5. THE LOCAL LEVEL MONITORING COMMITTEE, UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT KUTTOOR GRAMA PANCHAYATH, KUTTOOR,REPRESENTED BY ITS CONVENER.**

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*** ADDL R5 SUO MOTU IMPLEADED AS PER ORDER DATED 5.10.2017. R1 TO R4 BY GOVERNMENT PLEADER SRI MANU RAJ**

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2017,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 31731 of 2017 (N)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXHIBIT P1	A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 14.7.2016 IN RESPECT OF 4.04 ARES.
EXHIBIT P2	A TRUE COPY OF THE CERTIFICATE DATED 06.1.2017 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF RESURVEY NO.57/4/1.
EXHIBIT P3	A TRUE COPY OF THE APPLICATION DATED 10.3.2017 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
EXHIBIT P4	A TRUE COPY OF THE JUDGMENT DATED 12.5.2017 OF THIS HON'BLE COURT IN WP(C) NO.15911/2017.
EXHIBIT P5	A TRUE COPY OF THE ORDER DATED 11.9.2017 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P6	A TRUE COPY OF THE APPLICATION FOR REMOVAL FROM DATA BANK.
EXHIBIT P7	A TRUE COPY OF THE RECEIPT.
EXHIBIT P8	A TRUE COPY OF G.O (P) NO 4592/2017/REVENUE DATED 31/10/2017.
RESPONDENT(S)' --------------	EXHIBITS ---------
R1 (A)	TRUE COPY OF THE NOTIFIED DATA BANK.
	/TRUE COPY/
K.V.	P.S.TO JUDGE

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A.K.JAYASANKARAN NAMBIAR, J. ................................................................... W.P.(C).No.31731 Of 2017 (N) ..................................................................... Dated this the 11^th day of December, 2017

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J U D G M E N T

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The petitioner has preferred Ext.P6 application seeking a removal of the land comprising 4.04 Ares in Resurvey No.57/4/1 of Kuttoor Village from the land data bank prepared for the region. The limited prayer in the writ petition is for a direction to the additional 5^th respondent to consider Ext.P6 application and pass orders thereon in the light of Ext.P8 Government order.

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I have heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the additional 5^th respondent to consider and pass orders on Ext.P6 application in the light of Ext.P8 Government Order, within a period of two months from the date of receipt of a copy of the judgment, after hearing the petitioner. The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the additional 5^th respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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mns/11.12.17

Jessy Abraham v. the Revenue Divisional Officer

Case brief

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Jessy Abraham v. the Revenue Divisional Officer

Case brief

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