Disposed

Dominic K. Felix v. State of Kerala

Kerala HC8 Jul 2024WP(C)/24582/2024

Case brief

AI extract

What is this about?

The court directed the Revenue Divisional Officer to consider the petitioner's pending Form 5 application for land data bank removal after obtaining a report from the Agriculture Officer within one month, dealing with administrative delay.

What did the court decide?

Direction to the 2nd respondent to obtain a report from the 5th respondent within one month and then consider the Form 5 application within two months.

Dominic K. Felix Vs State of Kerala — Kerala HC (2024) — LawSathi Research

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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 P.M.MANOJ

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MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946

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WP(C) NO. 24582 OF 2024

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PETITIONER:

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DOMINIC K. FELIX
AGED 46 YEARS, S/O FELIX K J,
KUNUKKASSERY, PANAMPILLY NAGAR P O,
KOCHI, PIN – 682 036.

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BY ADV

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SAREENA GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVT SECRETERIATE THIRUVANANTHAPURAM- PIN – 695001.

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2 REVENUE DIVISIONAL OFFICER FORT KOCHI, KOCHI, PIN – 682 002.

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3 THE TAHSILDAR KANAYANNUR TALUK OFFICE, ERNAKULAM, KOCHI, PIN – 682 011.

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4 THE VILLAGE OFFICER VILLAGE OFFICE, VAZHAKALA VILLAGE, PIN – 682 021.

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5 AGRICULTURE OFFICER KRISHI BHAVAN, THRIKKAKARA, PIN – 682 030.

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OTHER PRESENT:

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SMT.AMMINIKUTTY K., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C)No.24582 of 2024

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JUDGMENT

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The petitioner’s father purchased 4.23 Ares of land comprised in Resurvey No.255/9 and 255/8 of Block No.9 of Vazhakkala Village by virtue of a Sale Deed No.328/2003 of Thrikkakara SRO. Thereafter by a settlement deed bearing No.1049/2011 of Thrikkakara SRO, the petitioner obtained 2.01 Ares of land. The said land comprised in Block No.9, Resurvey No.255/9-2-2-3 and Resurvey No.255/8-2-2 of Vazhakala Village. It is stated that the said properties are described as ‘Nilam’ in Basic Tax Receipt (BTR) and are included in the data bank.

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Being aggrieved by that, the petitioner preferred Form 5 application i.e., Ext.P3, before the 2^nd respondent. Ext.P3 application was filed on 15.02.2022. However, the same is not disposed till date. On these assertions, the petitioner seeks an earlier disposal of Form-5 application by the 2^nd respondent.

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

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Learned Government Pleader states that it cannot

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W.P.(C)No.24582 of 2024

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be ascertained that whether such application is pending on the files of the 2^nd respondent even on today. In response to that, learned counsel for the petitioner stated that the said application was filed as online.

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On considering the facts and circumstances of the case and considering the delay in finalising the application, which is filed to remove the property from the data bank, I deem it appropriate to direct the 2^nd respondent to consider Ext.P3 application on obtaining a report from the 5^th respondent. The 5^th respondent shall provide necessary report to the 2^nd respondent within a period of one month from the date of receipt of a copy of this judgment. On receipt of such report, the 2^nd respondent shall consider and pass appropriate orders on Ext.P3 application within two months thereafter.

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The writ petition is disposed accordingly.

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Sd/-

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P.M. MANOJ, JUDGE

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S.M.K.

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W.P.(C)No.24582 of 2024

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APPENDIX OF WP(C) 24582/2024

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PETITIONER’S EXHIBITS

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Exhibit 1A TRUE COPY OF THE BASIC TAX RECEIPT DATED
10-5-2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P2A TRUE COPY OF RELEVANT PAGE OF GAZETTE
NOTIFICATION OF THRIKKAKARA MUNICIPALITY
BEARING NO. TP1-21872/16 DATED 3-2-2021
WITH REGARD TO DATA BANK, HANDED OVER TO
PETITIONER FROM THE OFFICE OF 5TH
RESPONDENT
Exhibit P3A TRUE COPY OF THE APPLICATION IN FORM 5
BEARING NO.1/2022/936372 DATED 15-2-2022
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT

Dominic K. Felix v. State of Kerala

Case brief

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Dominic K. Felix v. State of Kerala

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