Disposed

Moosankutty v. the Commissioner of Land Revenue & Ors.

Kerala HC11 Nov 2009WP(C)/28536/2009

Case brief

AI extract

What is this about?

In this writ petition challenging a direction to cultivate paddy, the High Court of Kerala held that the State Government must expeditiously consider a revision petition filed under clause 14 of the Kerala Land Utilisation Order, despite the appeal being belated, as no time limit was prescribed for such revision. The Court directed the Government to pass orders after hearing the parties while stay

What did the court decide?

Direction to the State Government to consider the revision petition and pass orders after notice; stay on proceedings pursuant to the Ext.P1 order.

Moosankutty Vs the Commissioner of Land Revenue & Ors. — Land Acquisition | Kerala HC (2009)

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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.N.RAVINDRAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 28536 of 2009(J) --------------------------------------

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PETITIONER:

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-------------------

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MOOSANKUTTY, RAULATH MANZIL,KUDICHAL, KANNADIPARAMBA (P.O.), KANNUR TALUK.

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BY ADV. MR.C.K.SREEJITH.

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RESPONDENTS:

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------------------------

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1. THE COMMISSIONER OF LAND REVENUE, TRIVANDRUM.

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2. THE REVENUE DIVISIONAL OFFICER, THALASSERY,KANNUR DISTRICT.

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3. THE TAHSILDAR,KANNUR.

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4. SRI.KANATHIL KANNAN, KATHIRUMMAL HOUSE,NARATH HOUSE, NARATH AMSOM,DESOM.

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5. THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT,TRIVANDRUM.

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R1 TO R3 & R5 BY GOVT. PLEADER MR. P. NARAYANAN.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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P.N.RAVINDRAN,J.

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W.P.(C) No.28536 of 2009 - J

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Dated 11^th November, 2009

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Judgment

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By Ext.P1 order passed on 11.8.2009 under clause 7 (3) of the Kerala Land Utilisation Order, 1967, the Revenue Divisional Officer, Thalassery directed the petitioner to cultivate his lands with paddy failing which he was informed that the right to cultivate paddy will be sold in public auction. Aggrieved thereby, the petitioner has filed Ext.P3 appeal before the Land Revenue Commissioner under clause 11 of the Kerala Land Utilisation Order. Since the appeal was belatedly filed and as the appellate authority is not empowered to condone the delay in filing the appeal, the petitioner has filed Ext.P6 revision petition before the State Government under clause 14 of the Kerala Land Utilisation Order. In this writ petition, the petitioner seeks a direction to the State Government to consider Ext.P6 revision petition and pass orders thereon within a time limit to be fixed by this Court.

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W.P.(C) No.28536/2009

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Clause 14 of the Kerala Land Utilisation Order empowers the State Government to revise orders passed by the Revenue Divisional Officer or the appellate authority. Unlike clause 11, clause 14 does not prescribe a time limit for invoking the revisional jurisdiction of the Government. In such circumstances, as the petitioner has invoked a statutory remedy available to him, I am of the opinion that the Government should consider Ext.P6 revision petition and pass orders thereon expeditiously.

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I accordingly dispose of this writ petition with a direction to consider Ext.P6 revision petition and pass orders thereon after notice to and affording the petitioner and the fourth respondent a reasonable opportunity of being heard. Till such time as orders are passed as directed above, further proceedings pursuant to Ext.P1 shall stand stayed.

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P.N.RAVINDRAN Judge

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vaa

Moosankutty v. the Commissioner of Land Revenue & Ors.

Case brief

What is this about?

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Moosankutty v. the Commissioner of Land Revenue & Ors.

Case brief

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