Disposed

Jayalakshmi.K., v. State of Kerala

Kerala HC8 Nov 2022WP(C)/23582/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a petitioner challenging the pendency of her Form-5 application to remove land from the Data Bank. It directed the Local Level Monitoring Committee to submit a report within one month and the Revenue Divisional Officer to decide on the application within a further month.

What did the court decide?

Report of the Local Level Monitoring Committee to be submitted to the Revenue Divisional Officer within one month; appropriate orders on Form-5 application to be passed within a further month.

Jayalakshmi.K., Vs State of Kerala — Property and Title | Kerala HC (2022)

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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 N.NAGARESH

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TUESDAY, THE 8TH DAY OF NOVEMBER 2022/17TH KARTHIKA, 1944

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WP(C) NO. 23582 OF 2022

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PETITIONER

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JAYALAKSHMI.K.,

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AGED 57 YEARS

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W/O.RAJAN.V, KANNIYODU HOUSE, THENKURUSSI,
PALAKKAD -678 671.

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BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)

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RESPONDENTS

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001.

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2 DISTRICT COLLECTOR, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD- 678013.

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3 REVENUE DIVISIONAL OFFICER, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, KERALA 678001.

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4 LOCAL LEVEL MONITORING COMMITTEE, THENKURUSSI, REPRESENTED AGRICULTURAL OFFICER, THENKURUSSI, PALAKKAD -678 671.

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5 AGRICULTURAL OFFICER, THENKURUSSI, KENATHUPARAMBU, KUNATHUMMEDU, PALAKKAD DISTRICT-678013.

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6 TAHSILDAR, ALATHUR, PALAKKAD -678 541.

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7 VILLAGE OFFICER, THENKURUSSI-II VILLAGE OFFICE, KESHAVA RAJ RD, PALAKKAD – 678502.

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W.P(C) No.23582 of 2022 ]

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8THENKURUSSI GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, VELLAPPARA -
VILAYANCHATHANUR ROAD, THENKURISSI,
KERALA 678671.

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SMT.DEEPA NARAYANAN SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P(C) No.23582 of 2022 ]

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J U D G M E N T

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Dated this the 8^th day of November, 2022

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The petitioner, who is in possession of 0.0738 Hectares (17 Cents) of land, submitted application for removal of her land from Data Bank. The petitioner also took steps and obtained a KSREC report.

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The petitioner would submit that the Senior Superintendent in the Office of the Revenue Divisional Officer has required the Convenor of the Local Level Monitoring Committee to consider the KSREC report and submit their report/recommendation. The petitioner states that inspite of Ext.P6 Communication, the LLMC appears to have not submitted their report and the application of the petitioner is still pending. Unless a decision is taken by the Revenue Divisional Officer expeditiously, the petitioner will be put to untold hardship.

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W.P(C) No.23582 of 2022 4 ]

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The Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that the petitioner has not produced a copy of Form-5 application referred to in Ext.P6. If Form-5 application,is received and is still pending, the Form-5 application being of a statutory nature, it can be considered and disposed of in terms of law, in due course of time.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 7. Notice to the 8^th respondent is dispensed with in view of the nature of the relief to be granted in the writ petition.

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From Ext.P6 Communication of the Senior Superintendent in the Office of the Revenue Divisional Officer, it is seen that the petitioner has submitted a Form-5 application for removing her land from the Data Bank and the office of the Revenue Divisional Officer has sought for a report from the LLMC on the basis of the KSREC report.

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W.P(C) No.23582 of 2022 ]

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As Form-5 application is stated to be pending, I am of the view that the writ petition can be disposed of directing the respondents to take appropriate decision thereon in accordance with law.

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In the circumstances, the writ petition is disposed of directing the 4^th respondent to give their report in respect of Form-5 application submitted by the petitioner to the 3^rd respondent-Revenue Divisional Officer within a period of one month, if a report is not already given. The Revenue Divisional Officer shall consider such report and pass appropriate orders on Form-5 application submitted by the petitioner within a further period of one month.

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Sd/-

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N. NAGARESH, JUDGE

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smm

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W.P(C) No.23582 of 2022 6 ]

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APPENDIX OF WP(C) 23582/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE THANDAPER ACCOUNT NO.
4346 OF THENKURUSSI VILLAGE OFFICE.
Exhibit P2TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED ON 2411-2020.
Exhibit P3TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER IN FORM NO.5 WITH
LOCATION SKETCH.
Exhibit P4TRUE COPY OF THE KSREC REPORT DATED 2-
3-2020.
Exhibit P5TRUE COPY OF THE REPORT OF THE
AGRICULTURAL OFFICER ADDRESSED TO THE
THENKURUSSI GRAMA PANCHAYAT DATED 30-9-
2020.
Exhibit P6TRUE COPY OF THE COMMUNICATION SENT BY
THE REVENUE DIVISIONAL OFFICER TO THE
AGRICULTURAL OFFICER DATED 29-4-2022.

Jayalakshmi.K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jayalakshmi.K., v. State of Kerala

Case brief

What is this about?

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