Dismissed
Azeemuddin v. Revenue Divisional Officer, Fort Kochi
Kerala HCWP(C)/23012/2013
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 24TH DAY OF OCTOBER 2013/2ND KARTHIKA, 1935
WP(C).No. 23012 of 2013 (B)
PETITIONERS :
1. AZEEMUDDIN, S/O.KUNJUMOIDHEEN, AGED 71 YEARS
RESIDING AT LAKE AVENUE, MANNAM.P.O KOTTUVALLY DESOM, KOTTUVALLY VILLAGE,
PARAVUR TALUK, ERNAKULAM DISTRICT.
2. NISHAD AZEEM,
3. NADEERA, W/O.AZEEMUDDIN, AGED 52 YEARS,
RESIDING AT LAKE AVENUE, MANNAM P.O., KOTTUVALLY DESOM, KOTTUVALLY VILLAGE,
PARAVUR TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S) :
1. THE REVENUE DIVISIONAL OFFICER (RDO), FORT KOCHI, ERNAKULAM DISTRICT, PIN-682001.
2. THE DISTRICT COLLECTOR, CIVIL STATION, ERNAKULAM DISTRICT, PIN-682030.
3. THE LOCAL LEVEL MONITORING COMMITTEE, KOTTUVALLY, REPRESENTED BY ITS CONVENOR AGRICULTURAL OFFICER, KOTTUVALLY,
ERNAKULAM DISTRICT, PIN-686664.
R1 TO R3 BY GOVT. PLEADER SMT. K.T. LILLY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 23012 of 2013 (B)
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1 TRUE COPY OF THE TAX RECEIPTS DATED 6.4.2013 IN CONNECTION WITH THE PROPERTY OF FIRST PETITIONER ISSUED BY THE KOTTUVALLY VILLAGE OFFICER.
EXT.P2 a, b, c AND d:- TRUE COPY OF THE TAX RECEIPTS DATED 6.4.2013 IN CONNECTION WITH THE PROPERTY OF SECOND PETITIONER ISSUED BY THE KOTTUVALLY VILLAGE OFFICER.
EXT.P3 TRUE COPY OF THE TAX RECEIPT DATED 6.4.2013 IN CONNECTION WITH THE PROPERTY OF THIRD PETITIONER ISSUED BY THE KOTTUVALLY VILLAGE OFFICER.
EXT.P4 TRUE PHOTOGRAPHS OF THE PROPERTIES OF THE PETITIONERS.
EXT.P5 TRUE COPY OF THE APPLICATION DATED 04.07.2013 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT WITH COPY TO THE FIRST RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER,1967.
RESPONDENT(S)' ANNEXURES :
ANNEXURE R3(a) COPY OF THE RELEVANT PAGE OF THE DATA BANK.
//TRUE COPY//
P.S. TO JUDGE
Mn
P.R.RAMACHANDRA MENON, J.
W.P.(c) No.23012 OF 2013
Dated this the 24th day of October, 2013
JUDGMENT
The petitioners have approached this Court with the following
prayers :
“ 1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to receive, consider and dispose Ext.P5 application submitted by the petitioner in the light of the judgment of this Honourable Court in Praveen K. v. Land Revenue Commissioner ( 2010 (2) KLT 617) within a time fixed by this Honourable Court.
2. Direct the second respondent to allow the petitioners to use their land for other purposes beneficial to them.
3. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case.”
producing a copy of the Data Bank Register as Ext.R3(a), wherein the
W.P.(C)No.23012/2013 2
substantial portion of the concerned properties has been shown as 'wet lands'. It is pointed out that the petitioners had filed applications earlier before the Local Level Monitoring Committee and the competent authority has considered the matter and a decision has been taken on 6.07.2013, whereby the request was rejected. Reference is also made to the fact that there was some illegal conversion in the recent past and further that, even during 2011, a vehicle carrying red earth was seized on 10/12/2011 by the Police, from the property of the first petitioner in Survey No. 5/5.
In the above circumstances, interference is declined and the writ petition is dismissed, without prejudice to the right of the petitioners, if any, to pursue other appropriate remedy, if still aggrieved, in accordance with law.
P.R.RAMACHANDRA MENON JUDGE
sv.
W.P.(C)No.23012/2013 2
Colour shows how this judgement treated each authority
Praveen K. v. Land Revenue CommissionerReferred¶48
Praveen K. v. Land Revenue Commissioner (2010 (2) KLT 617)
Azeemuddin
Nishad Azeem
Nadeera
The Revenue Divisional Officer
The District Collector
The Local Level Monitoring Committee
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court