Disposed

A.B.Abdul Gafoor v. the Revenue Divisional Officer

Kerala HC15 Nov 2012WP(C)/24339/2012

Case brief

AI extract

What is this about?

The High Court of Kerala directed the 1st respondent (Revenue Divisional Officer) to consider and pass appropriate orders on the petitioner's application within two months without examining the merits of the land classification issue.

What did the court decide?

Direct order that 1st respondent consider and pass appropriate orders on pending application within two months.

A.B.Abdul Gafoor Vs the Revenue Divisional Officer — Property and Title | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.M. SHAFFIQUE

¶4

THURSDAY, THE 15TH DAY OF NOVEMBER 2012/24TH KARTHIKA 1934

¶5

WP(C). No. 24339 of 2012 (N)

¶6

PETITIONER:

¶7

A.B. ABDUL GAFOOR, AGED 49 YEARS S/O. A.S.BAVA, ALINGAL HOUSE, NAGARIPURAM P.O. PATHIRIPALA, PALAKKAD.

¶8

BY ADVS. SRI. H. BADARUDDIN SMT. NILA. C.V. SMT. B. SHAMEERA SRI. T.T. SUDHEESH SRI. ALEX VARGHESE (VELIMPARAMBIL)

¶9

RESPONDENTS:

¶10

1. THE REVENUE DIVISIONAL OFFICER

¶11

PALAKKAD-678 001.

¶12

2. THE LOCAL LEVEL MONITERING COMMITTEE

¶13

REGARDING CONSERVATION OF PADDY LAND AND WET LAND ACT

¶14

REP.BY THE PRESIDENT, MANKKARA PANCHAYATH

¶15

MANKKARA P.O., PALAKKAD TALUK, PIN-678 613.

¶16

3. THE AGRICULTURAL OFFICER

¶17

MANKKARA P.O., MANKKARA, PIN-678 613.

¶18

4. THE VILLAGE OFFICER

¶19

MANKKARA VILLAGE, PIN-678 613.

¶20

5. THE TAHSILDAR

¶21

PALAKKAD TALUK-678 001.

¶22

R2 BY ADV. SRI. LIJU. M.P R1,3,4 &5 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAFI M.

¶23

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

WP(C). No. 24339 of 2012 (N)

¶25

APPENDIX

¶26

PETITIONER'S EXHIBITS:-

¶27

EXT.	P1,P1(a)
P1(b)	:	COPIES OF THE TITLE DEEDS BEARING NOS.1169/2005, 1622/2007, 2898/2004 OF PARALI SUB REGISTRY IN THE DISTRICT OF PALAKKAD.
EXT.	P2 :	COPY OF THE CERTIFICATE OF PURCHASE ISSUED BY THE LAND TRIBUNAL, PALAKKAD IN SM NO.290/2006.
EXT. &P3(b	P3,P3(a) ) :	COPIES OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, MANKARA IN THE NAME OF THE PETITIONER.
EXT.	P4 :	COPY OF THE LETTER GIVEN BY THE ROAD BUILDERS ON 5.7.2005 TO THE PETITIONER.
EXT.	P5 :	COPY OF THE REPORT DTD.4.11.2008 WITH REF.182/2008 FROM THE VILLAGE OFFICE OF MANKARA.
EXT.	P6 :	COPY OF THE JUDGMENT DTD.18.3.2009 IN WPC NO.8644/2009.
EXT.	P7 :	COPY OF THE COVERING LETTER DTD.7.10.2010 ALONG WITH THAT AFFIDAVIT.

¶28

RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.24339 of 2012

¶33

Dated this the 15^th day of November 2012

¶34

J U D G M E N T

¶35

This Court, by Ext.P6 judgment, had already directed the Revenue Divisional Officer, Palakkad to consider the change of classification of the petitioner's land, which, according to him, is presently dry land.

¶36

Heard learned counsel for the petitioner and the learned Government Pleader.

¶37

It seems that the Revenue Divisional Officer had requested the petitioner to find out whether the property comes within the purview of paddy filed and whether this property is included in the Data Bank prepared by the Local Level Monitoring Committee of the concerned Panchayath. It is the complaint of the petitioner that no orders have been passed despite the petitioner having submitted the necessary details which is evident from Ext.P7.

¶38

That being the situation, without going into the merits of the matter, I direct the 1^st respondent to consider and pass

¶39

W.P.C.No.24339/2012

¶40

¶41

appropriate orders in the pending application submitted by the petitioner within a period of two months from the date of receipt of the copy of this judgment.

¶42

Writ petition is disposed of as above.

¶43

(sd/-)

¶44

(A.M.SHAFFIQUE, JUDGE)

¶45

jsr

¶46

W.P.C.No.24339/2012 3

¶47

W.P.C.No.24339/2012 4

A.B.Abdul Gafoor v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

A.B.Abdul Gafoor v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Raveendran Nair Vs K.S.E.B.

United Spirits Ltd., Vs Assistant Commissioner and Anr.

A.Yesodharan Vs Corporation of Tvm

Abraham C.C. Vs the District Collector, Alappuzha

Raju.R Vs the District Collector, Alappuzha

Viswanathan Vs District Collector