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2025 Supreme(Online)(Ker) 55292

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Molly Joseph – Appellant
Versus
Revenue Divisional Officer – Respondent
WP(C) NO. 22150 OF 2025



Advocates:
For the Appellants/Petitioners: Sri.P.K.Soyuz, Sri.E.V.Babychan
For the Respondents: GP Sri K Janardhana Shenoy

A petitioner's right to file a fresh application was upheld by setting aside the previous order based on established legal precedents.

Headnote:The petitioner filed a writ petition seeking to quash an order and to issue commands related to an application. The court found merit in the petitioner's request and set aside the impugned order to allow the filing of a fresh application. The grounds for re-evaluation were substantiated by prior judgments in similar cases.

Result: 'Ext.P4 order is set aside.'

Table of Content
1. the petition seeks relief through judicial review. (Para 1)
2. legal arguments present justification for the application. (Para 2)
3. court agrees to the petitioner's request and suspends the original order. (Para 3)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i) issue a writ of certiorari or any appropriate writ, order or direction calling for the records leading to Ext. P4 and quash the same.

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to, reconsider Ext P3 application in the light of the Judgments in Line Properties Pvt Ltd V. RDO , 2025 KHC Online 1637 , Basil v. LLMC , 2024 (1) KHC 28 & in Anu Mathew v. RDO , 2022 (6)

KLT.

iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to reconsider Ext P3 application in the light of the Judgments in Adani Infrastructures and Developers Pvt. Ltd. v. State Kerala , 2014 (1) KLT 774 , Mureleedharan Nair R v. RDO , 2023 (4 ) KHC 524. Aparna Sasi Menon v. RDO , 2023 (6) KHC 83 and Niyas v. District Collector Palakkad , 2023 (6) KLT 118 and direct to make necessary corrections in Ext P2 data bank by deleting the land covered by Ext P1 land tax receipt , from the Data Bank .

iv) Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.

v) To dispense with filing of the translation of vernacular documents”[SIC]

2. When this Writ Petition came up for consideration, the learned counsel appearing for the petitioner submitted that, in the light of the dictum laid down by this Court inLine Properties Pvt. Ltd. v. Revenue Divisional O Ernakulam [2025 KHC OnLine 1637], the petitioner wants to file a Form – 6 application. Therefore, it is submitted that the impugned order may be set aside.

3. I think that prayer can be allowed. To facilitate the petitioner to file a fresh Form – 6 application, the impugned order can be set aside.

Therefore, this Writ Petition is disposed of in the following manner:

1. Ext.P4 order is set aside.

2. The petitioner is free to file a Form – 6 application in accordance with the law.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE DM Judgment reserved NA APPENDIX OF WP(C) NO. 22150 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED

16.10.2024 ISSUED BY THE 4TH RESPONDENT VILLAGE OFFICER EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFIED DATA BANK OF CHERANALLOOR GRAMA PANCHAYATH DATED 23.02.2012 EXHIBIT P3 A TRUE COPY OF THE APPLICATION NO.

12/2023/106812 IN FORM NO. 5 DATED

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