Reeba vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1439363
CourtKerala High Court
Decided OnDec-22-2023
Case NumberWP(C)/43723/2023
JudgeHonourable Mr.Justice Viju Abraham
AppellantREEBA
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice viju abraham friday, the 22nd day of december 2023 / 1st pousha, 1945 wp(c) no. 43723 of 2023 petitioner: reeba aged 41 years d/o. dr. thomas varghese, residing at purackal nimbus, perandoor road, kaloor, cochin, ernakulam district, pin - 68201 by advs. v.n.haridas saifudeen t.s b.shameera respondents: 1 state of kerala represented by the secretary to government, department of agriculture, government secretariat, thiruvananthapuram, pin - 695001 2 the district collector alappuzha, first floor, collectorate, alappuzha district, pin - 688001 3 the revenue divisional officer - corrected revenue divisional office, district ct way road, kidangamparamp, thondankulangara, thathampally, alappuzha district, pin - 688013 the office address of the 3rd respondent in wp(c) no.43723/2023 is corrected as per order dated 01.04.2024 in i.a.no.1/2024 in wp(c) no.43723/2023 as follows : 3 the revenue divisional officer chengannur revenue divisional office mavelikkara, kozhenchery road - sh 10 chengannur, alappuzha district 689121. wp(c) no.43723/2023 2 4 local level monitoring committee represented by its convener agricultural officer, agricultural office, muttom p.o., alappuzha district, pin - 690515 the agricultural officer agricultural office, muttom p.o., alappuzha district, pin - 69051 by adv.sri. riyal devassy, government pleadr this writ petition (civil) having come up for admission on 22.12.2023, the court on the same day delivered the following: wp(c) no.43723/2023 3judgmentdated this the 22nd day of december, 2023 petitioner has approached this court seeking a direction to the third respondent to consider and pass orders on ext.p3, form-5 application.2. petitioner is the owner in possession of 39 ares and 61 sq.mtrs. of land comprised in sy.nos.103/2, 103/6-1, taluk and alappuzha district.3. heard the learned government pleader also.4. after hearing both sides, i am inclined to dispose ofthis writ petition with a direction to the third respondent to consider and pass orders on ext.p3 form-5 application, in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. with the abovesaid direction, the writ petition is disposed of. sd/- viju abraham judge csl wp(c) no.43723/2023 4 wp(c) no.43723/2023 5 appendix of wp(c) 43723/2023 petitioner's exhibits exhibit p1 a true copy of the tax receipt dated 19.05.2023 issued from the village office, cheppad exhibit p2 a true copy of the possession certificate dated 27.05.2023 issued by the village office, cheppad exhibit p3 a true copy of the form 5 application submitted by the petitioner through online on 28.11.2023
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 WP(C) NO. 43723 OF 2023 PETITIONER: REEBA AGED 41 YEARS D/O. DR. THOMAS VARGHESE, RESIDING AT PURACKAL NIMBUS, PERANDOOR ROAD, KALOOR, COCHIN, ERNAKULAM DISTRICT, PIN - 68201 BY ADVS. V.N.HARIDAS SAIFUDEEN T.S B.SHAMEERA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR ALAPPUZHA, FIRST FLOOR, COLLECTORATE, ALAPPUZHA DISTRICT, PIN - 688001 3 THE REVENUE DIVISIONAL OFFICER - CORRECTED REVENUE DIVISIONAL OFFICE, DISTRICT CT WAY ROAD, KIDANGAMPARAMP, THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA DISTRICT, PIN - 688013 THE OFFICE ADDRESS OF THE 3RD RESPONDENT IN WP(C) NO.43723/2023 IS CORRECTED AS PER ORDER DATED 01.04.2024 IN I.A.NO.1/2024 IN WP(C) NO.43723/2023 AS FOLLOWS : 3 THE REVENUE DIVISIONAL OFFICER CHENGANNUR REVENUE DIVISIONAL OFFICE MAVELIKKARA, KOZHENCHERY ROAD - SH 10 CHENGANNUR, ALAPPUZHA DISTRICT 689121. WP(C) NO.43723/2023 2 4 LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, MUTTOM P.O., ALAPPUZHA DISTRICT, PIN - 69051

5 THE AGRICULTURAL OFFICER AGRICULTURAL OFFICE, MUTTOM P.O., ALAPPUZHA DISTRICT, PIN - 69051 BY ADV.SRI. RIYAL DEVASSY, GOVERNMENT PLEADR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.43723/2023 3

JUDGMENT

Dated this the 22nd day of December, 2023 Petitioner has approached this Court seeking a direction to the third respondent to consider and pass orders on Ext.P3, Form-5 application.

2. Petitioner is the owner in possession of 39 Ares and 61 Sq.Mtrs. of land comprised in Sy.Nos.103/2, 103/6-1, Taluk and Alappuzha District.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I am inclined to dispose of

this Writ Petition with a direction to the third respondent to consider and pass orders on Ext.P3 Form-5 application, in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. With the abovesaid direction, the Writ Petition is disposed of. Sd/- VIJU ABRAHAM JUDGE csl WP(C) NO.43723/2023 4 WP(C) NO.43723/2023 5 APPENDIX OF WP(C) 43723/2023 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 19.05.2023 ISSUED FROM THE VILLAGE OFFICE, CHEPPAD Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27.05.2023 ISSUED BY THE VILLAGE OFFICE, CHEPPAD Exhibit P3 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER THROUGH ONLINE ON 28.11.2023