Court directed the Revenue Divisional Officer to dispose of a petition for correction of basic tax register entries within 3-4 months via a Form 9 application, allowing for consequential relief if approved.
Directed the 1st respondent to dispose of the Form 9 application without delay, preferably within 3-4 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941
WP(C).No.4321 OF 2020(M)
PETITIONER/S:
1 BOBBY PHILIP, AGED 73 YEARS KONDEKERIL HOUSE, KILIROOR NORTH, KOTTAYAM-686 020, REPRESENTED BY PWER OF ATTORNEY HOLDER, GRACY PHILIP, KONDEKERIL HOUSE, KILIROOR NORTH, KOTTAYAM-686 020.
2 ANU PHILIP, KONDEKERIL HOUSE, KILIROOR NORTH, KOTTAYAM-686 020, REPRESENTED BY PWER OF ATTORNEY HOLDER, GRACY PHILIP, KONDEKERIL HOUSE, KILIROOR NORTH, KOTTAYAM-686 020.
3 GRACY PHILIP, KONDEKERIL HOUSE, KILIROOR NORTH, KOTTAYAM-686 020.
BY ADV. SRI.PAUL JACOB (P)
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOTTAYAM-686 002. 2 VILLAGE OFFICER, THIRUVARPPU VILLAGE OFFICE, KOTTAYAM-686 020.
3 AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, THIRUVARPPU, KOTTAYAM-686 020.
4 THIRUVARPPU PANCHAYAT, THIRUVARPU, KOTTAYAM-686 020, REPRESENTED BY SECRETARY.
OTHER PRESENT:
SRI.K.J.MANURAJ, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ALEXANDER THOMAS, J.
W.P.(C.) No. 4321 of 2020
Dated this the 17th day of February, 2020
JUDGMENT
The facts in the above W.P.(C.) is as follows :
That the petitioner's property is not included the data bank. Petitioner filed application under KLUO and Form 9 application Rule 12(13) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 as the conversion had takne place as early as 1944. however, despite passage of time, no action on Ext.P7 and form9 applications has been taken by the 1st respondent.
has filed the instant W.P.(C.) with the following prayers :
i. “Issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P7 and Form 9 applications, evidenced by Ext.P8 receipt, as expeditiously as possible, at any rate
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within a period of 2 weeks.
ii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.”
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Form 9 in case he has a case that the subject property has been converted prior to coming into force of the KLU order etc.
With these observations and directions, the above W.P.(C.) will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
SKS
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER. EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 2ND PETITIONER. EXHIBIT P3 A TRUE COPY OF THE RELEVANT DATA BANK PAGE. EXHIBIT P4 A TRUE COPY OF REPORT ISSUED BY THE TAHSILDAR, KOTTAYAM DATED 01.03.2013. EXHIBIT P5 A TRUE COPY OF REPORT ISSUED BY THE 2ND RESPONDENT DATED 09.08.2011. EXHIBIT P6 A TRUE COPY OF REPORT ISSUED BY THE 3RD RESPONDENT DATED 26.05.2012. EXHIBIT P7 A TRUE COPY OF THE APPLICATION DATED 06.06.2019. EXHIBIT P8 A TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 06.06.2019.
1 issue framed by the court
Whether the Revenue Divisional Officer was directed to dispose of the pending Form 9 application within a specified time.
2 provisions across 2 enactments
BOBBY PHILIP
ANU PHILIP
GRACY PHILIP
REVENUE DIVISIONAL OFFICER
VILLAGE OFFICER
AGRICULTURAL OFFICER
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
