Lathika vs the Revenue Divisional Officer/ Sub Collector

Lathika vs The Revenue Divisional Officer/ Sub Collector

Type Court Judgment Court Kerala Decided Feb 01, 2024

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https://sooperkanoon.com/case/1305481

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Citation: sooperkanoon.com/1305481
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Feb 01, 2024
Case Number: WP(C)/3856/2024

Parties & Advocates

Appellant / Petitioner

Lathika

Respondent

The Revenue Divisional Officer/ Sub Collector

Excerpt

.....orders in exhibit p4 application in form 6, within such time which this hon’ble court may deem fit to grant. ii) dispense with the filing the translation of vernacular documents.(iii) grant such other reliefs as this court deems fit in thefacts and circumstances of the case.”2. when this writ petition came up for consideration, thelearned counsel for the petitioner submitted that form 5 application submitted by the petitioner is already allowed and thereafter form 6 application is submitted. the same is not considered by the 1st respondent. the prayer is to dispose ext.p4 by the 1st respondent within a time frame.3. heard the learned government pleader also.4. learned government pleader submitted that the form 6 application is filed only on 23.01.20245. considering the facts and circumstances of the case, i think there can be a direction to consider from 6 application within a time frame.5. therefore, this writ petition is disposed of with the following directions:1. the 2nd respondent is directed to submit necessaryreport based on ext.p4 form 6 application to the 1 st respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.2. once such a report is received, 1 st respondent willconsider ext.p4 form 6 application and pass appropriate orders in it, as expeditiously as possible, at any rate, within four months from the date of receipt of the report from the 2nd respondent.3. the petitioner will produce a certified copy of thisjudgment before the 1st and 2nd respondents forcompliance. sd/- p.v.kunhikrishnan judge nak appendix of wp(c) 3856/2024 petitioner exhibits exhibit p1 true copy of the registered sale deed no. 1359/2016 dated 12/08/2016 of navayikulam sro exhibit p2 true copy of the land tax receipt bearing no. kl01060906617/2021 for the financial year 2021-2022 dated office, navayikulam village exhibit p3 true copy of the order in proceedings bearing file no......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 PETITIONER(s): LATHIKA AGED 56 YEARS W/O. VASANTHAKUMAR CHAITHRAM, NO. 133, RAMANUJA NAGAR, KALLUMTHAZHAM KILIKOLLOOR P.O, KOLLAM DISTRICT, PIN - 691004 BY ADVS. M.K.SUMOD VIDYA M.K. RAJ CAROLIN V. THUSHARA.K RESPONDENT(S): 1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR REVENUE DIVISIONAL OFFICE, 1ST FLOOR, CIVIL STATION BUILDING, KUDAPPANAKUNNU, THIRUVANANTHAPURAM DISTRICT., PIN - 695044 2 THE VILLAGE OFFICER NAVAYIKULAM VILLAGE, NAVAIKULAM VILLAGE OFFICE, NAVAIKULAM PALLIKKAL ROAD, NAVAIKULAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695603 3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 SMT.DEVISHRI. R - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed with the following prayers:

“i) Issue a writ of Mandamus or such other Writ or Order

or directing the 1st respondent to consider and pass appropriate orders in Exhibit P4 application in Form 6, within such time which this Hon’ble Court may deem fit to grant. ii) dispense with the filing the translation of vernacular documents.

(iii) grant such other reliefs as this Court deems fit in the

facts and circumstances of the case.”

2. When this writ petition came up for consideration, the

learned counsel for the petitioner submitted that Form 5 application submitted by the petitioner is already allowed and thereafter Form 6 application is submitted. The same is not considered by the 1st respondent. The prayer is to dispose Ext.P4 by the 1st respondent within a time frame.

3. Heard the learned Government Pleader also.

4. Learned Government Pleader submitted that the Form 6 application is filed only on 23.01.2024

5. Considering the facts and circumstances of the case, I think there can be a direction to consider From 6 application within a time frame.

5. Therefore, this writ petition is disposed of with the following directions:

1. The 2nd respondent is directed to submit necessary

report based on Ext.P4 Form 6 application to the 1 st respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

2. Once such a report is received, 1 st respondent will

consider Ext.P4 Form 6 application and pass appropriate orders in it, as expeditiously as possible, at any rate, within four months from the date of receipt of the report from the 2nd respondent.

3. The petitioner will produce a certified copy of this

judgment before the 1st and 2nd respondents for

compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE nak APPENDIX OF WP(C) 3856/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO. 1359/2016 DATED 12/08/2016 OF NAVAYIKULAM SRO Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO. KL01060906617/2021 FOR THE FINANCIAL YEAR 2021-2022 DATED OFFICE, NAVAYIKULAM VILLAGE Exhibit P3 TRUE COPY OF THE ORDER IN PROCEEDINGS BEARING FILE NO. 7083/2023 IN APPLICATION NO. 26/2022/271580 DATED RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE FIRST RESPONDENT IN FORM 6 BEARING NO. 2/2024/401219 DATED Exhibit P4 (a) TRUE COPY OF THE RECEIPT OF RS. 1,000/-

TOWARDS EXHIBIT P4 APPLICATION ISSUED BY THE SECOND RESPONDENT VILLAGE OFFICER BEARING NO. KL01060900629/2024 DATED 23/01/2024

Same Court & Year Kerala · 2024 Same Parties Lathika vs The Revenue Divisional Officer/ Sub Collector Same Judge Honourable Mr. Justice P.V.Kunhikrishnan