Petitioner sought direction to consider an application regarding land classification. Court directed the 1st respondent to dispose of Form 6 application within three months.
Direction to 1st respondent to consider and pass orders on Ext.P6 application in Form 6 within three months of judgment receipt.
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 VIJU ABRAHAM
TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945
WP(C) NO. 17359 OF 2023
PETITIONER:
CLEETUS, AGED 73 YEARS
VELASSERY HOUSE, CHILAVANNOOR DESOM,
ELAMKULAM VILLAGE, KANAYANNOOR TALUK,
KADAVANTHRA P.O. ERNAKULAM, PIN - 682020
BY ADV T.K.AJITHKUMAR (VALATH)
RESPONDENTS:
1REVENUE DIVISIONAL OFFICER, FORT KOCHI
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, PIN - 682001
2LOCAL LEVEL MONITORING COMMITTEE
KOCHI MUNICIPAL CORPORATION REPRESENTED BY THE
CONVENER/AGRICULTURAL OFFICER,
LOCAL LEVEL MONITORING COMMITTEE, 1ST FLOOR,
KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
VYTTILA P.O, PIN - 682019
3 AGRICULTURAL OFFICERLOCAL LEVEL MONITORING COMMITTEE OF
KOCHI MUNICIPAL CORPORATION, 1ST FLOOR,
KOCHI CORPORATION VYTTILA SHOPPING COMPLEX,
VYTTILA P.O, PIN - 682019
4 VILLAGE OFFICERELAMKULAM VILLAGE, ELAMKULAM VILLAGE OFFICE,
GANDHI NAGAR ROAD, GANDHI NAGAR, KADAVANTHRA P.O,
ERNAKULAM DISTRICT, PIN - 682020
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (C) No.17359 of 2023
2
VIJU ABRAHAM, J.
................................................................. W.P (C) No.17359 of 2023
................................................................. Dated this the 21st day of November, 2023
JUDGMENT
Petitioner has approached this Court seeking a direction to the 1st respondent to initially consider Ext.P4 Form 5application and to pass orders on Ext.P6 Form 6application subject to the decision to be taken on Ext.P4 application. Petitioner is the owner of an extent of 1.41 Ares of property in survey no.659/1-19 of Elamkulam Village in Kanayannoor Taluk by virtue of sale deed no.3944/2001 of Ernakulam Sub Registry. Petitioner contends that the said property is a converted dry land even prior to the year 1990 and there existed his residential building.
After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass orders
WP (C) No.17359 of 2023
3
on Ext.P6 application in Form 6 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of the judgment.
Writ Petition is disposed of as above.
Sd/-
VIJU ABRAHAM JUDGE
cks
WP (C) No.17359 of 2023
4
APPENDIX OF WP(C) 17359/2023
PETITIONER EXHIBITS
Exhibit |
P1THE TRUE COPY OF THE SALE DEEDNO.3944/2001 DATED 26-9-2001 |
|---|---|
Exhibit |
P2THE TRUE COPY OF THE LAND TAX RECEIPTDATED 24-5-2023 ISSUED FROM THE OFFICEOF THE 4TH RESPONDENT |
Exhibit |
P3THE TRUE COPY OF THE RELEVANT PAGE OFTHE DATA BANK PREPARED BY THE 2NDRESPONDENT |
Exhibit |
P4THE TRUE COPY OF THE APPLICATION DATED25-5-2023 IN FORM NO.5, SUBMITTED BY THEPETITIONER BEFORE THE 1ST RESPONDENT |
Exhibit |
P5. THE TRUE COPY OF THE RECEIPT OFPAYMENT OF FEE DATED 25-5-2023 ISSUEDFROM THE OFFICE OF THE 4TH RESPONDENT |
Exhibit |
P6THE TRUE COPY OF THE APPLICATION DATED12-11-2021 IN FORM NO.6 SUBMITTED TO THE1ST RESPONDENT |
Exhibit |
P7THE TRUE COPY OF THE REPORT OF THE 4THRESPONDENT DATED 28-12-2021 |
Exhibit |
P8THE TRUE COPY OF THE ORDER DATED 3-11-2023 OF THE 1ST RESPONDENT |
2 issues framed by the court
Whether a direction should be issued to the Revenue Divisional Officer to consider the petitioner's pending application in Form 6 regarding property classification.
Whether an interim order passed earlier directs the disposal of the pending application within a specific timeframe.
CLEETUS
REVENUE DIVISIONAL OFFICER, FORT KOCHI
LOCAL LEVEL MONITORING COMMITTEE
AGRICULTURAL OFFICER
VILLAGE OFFICER
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court