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Xavier vs State of Kerala

Xavier vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 30, 2023
~3 min read
https://sooperkanoon.com/case/1334550

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/2714/2023

Parties & Advocates

Appellant / Petitioner

Xavier

Respondent

State of Kerala

Excerpt

.....owners in possession of 8.10 ares of land in survey no.120/6-3-2 of koovappady village in kunnathunad taluk of ernakulam district. it is submitted that the properties had been converted long prior to the promulgation of the kerala land utilization order on 04.07.1967. the petitioners confines their relief for an expeditious consideration of exts.p9 and p10 applications in form no.9 seeking permission for use of land for other purposes.2. having heard the learned government pleader also and withoutexpressing any view on the merits of the matter, this writ petition is disposed of directing the 3rd respondent to consider exts.p9 and p10 applications (form no.9), after considering all relevant aspects of the matter and after verifying the data bank and obtaining all necessary reports. the entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 2714/2023 petitioners’ exhibits exhibit p1 true copy of the basic tax receipt paid underthandapper account no. 5193 bearing receipt no.kl07051911381/2021 dated 25-11-2021 issued from village office, koovappady exhibit p2 true copy of the basic tax receipt paid under thandapper account no. 11621 bearing receipt no.kl07051907243/2022 dated 28-05-2022 issued from village office, koovappadyexhibit p3 true copy of the relevant pages of basic tax register of the land having an extent of 68.30 ares in re-survey no. 120/6 (old survey no.277/7-2) exhibit p4 true copy of the relevant pages of basic tax register of the land having an extent of 8.10 ares in re-survey no. 120/6-3-2 exhibit p5 true copy of the relevant pages of settlement register of the properties comprised in survey no. 277 of kunnathunadu taluk of travancore state exhibit p6 true copy of the relevant pages of the data bank issued from agricultural officer, okkal exhibit p7 true copy of the representation dated 22-12-.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 WP(C) NO. 2714 OF 2023 PETITIONERS: 1 XAVIER AGED 73 YEARS SON OF VAREETHU, AGED 73 YEARS, MANICKATHAN HOUSE, 2 GEYO XAVIER AGED 44 YEARS SON OF XAVIER, AGED 44 YEARS, MANICKATHAN HOUSE, 3 SIJI AGED 43 YEARS WIFE OF GEYO XAVIER, AGED 43 YEARS, MANICKATHAN HOUSE, BY ADVS. ANIL PRASAD SABU P.JOSEPH C.N.SREEKUMAR MANJU PAUL TONY GEORGE THOMAS ARYA K.K. RESPONDENTS:

1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR-ERNAKULAM COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT, PIN -682030 3 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, PATTIMATTOM-MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686673 4 THE TAHASILDAR KUNNATHUNADU TALUK OFFICE, KUNNATHUNAD, POOPPANI ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT., PIN - 683543

5 THE VILLAGE OFFICER KOOVAPPADY VILLAGE OFFICE, KOOVAPPADY, ERNAKULAM DISTRICT., PIN - 683544 SMT.PARVATHY.K-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of January, 2023 The 1st petitioner is the owner in possession of 22.76 Ares of land in Survey Nos.120/6-2 and 120/6-1 and petitioners 2 and 3 are the owners in possession of 8.10 Ares of land in Survey No.120/6-3-2 of Koovappady Village in Kunnathunad Taluk of Ernakulam District. It is submitted that the properties had been converted long prior to the promulgation of the Kerala Land Utilization Order on 04.07.1967. The petitioners confines their relief for an expeditious consideration of Exts.P9 and P10 applications in Form No.9 seeking permission for use of land for other purposes.

2. Having heard the learned Government Pleader also and without

expressing any view on the merits of the matter, this writ petition is disposed of directing the 3rd respondent to consider Exts.P9 and P10 applications (Form No.9), after considering all relevant aspects of the matter and after verifying the data bank and obtaining all necessary reports. The entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 2714/2023 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT PAID UNDER

THANDAPPER ACCOUNT NO. 5193 BEARING RECEIPT NO.KL07051911381/2021 DATED 25-11-2021 ISSUED FROM VILLAGE OFFICE, KOOVAPPADY Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT PAID UNDER THANDAPPER ACCOUNT NO. 11621 BEARING RECEIPT NO.KL07051907243/2022 DATED 28-05-2022 ISSUED FROM VILLAGE OFFICE, KOOVAPPADY

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER OF THE LAND HAVING AN EXTENT OF 68.30 ARES IN RE-SURVEY NO. 120/6 (OLD SURVEY NO.277/7-2) Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF BASIC TAX REGISTER OF THE LAND HAVING AN EXTENT OF 8.10 ARES IN RE-SURVEY NO. 120/6-3-2 Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF SETTLEMENT REGISTER OF THE PROPERTIES COMPRISED IN SURVEY NO. 277 OF KUNNATHUNADU TALUK OF TRAVANCORE STATE Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK ISSUED FROM AGRICULTURAL OFFICER, OKKAL Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 22-12- 2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO. OFFICE OF REVENUE DIVISIONAL OFFICER, MUVATTUPZUHA Exhibit P9 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE 1ST PETITIONER IN FORM NO.9 DATED 23- 12-2022 Exhibit P10 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONERS 2 AND 3 IN FORM NO.9 DATED 23-12-2022 RESPONDENTS’ EXHIBITS: NIL

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