The High Court directed the 3rd respondent to dispose of the petitioner's application for land conversion within three months, ensuring the land is not classified as paddy or wet land, citing precedent.
Directed the 3rd respondent to dispose of the petitioner's application within three months ensuring the land is not classified as paddy or wet land.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
WP(C).No. 32299 of 2016 (J)
PETITIONER:
MOHAMMADALI, CHENNAMPILLY,PUTHIYEDATHPARAMBIL.
BY ADV. SRI.P.P.JACOB
RESPONDENT(S):
1. THE VILLAGE OFFICER, CHOORNIKKARA VILLAGE, EDAPPALLY, ERNAKULAM-682 024.
2. THE TAHSIDAR,TALUK OFFICE,ALUVA.
3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001.
4. THE DISTRICT COLLECTOR,COLLECTORATE, CIVIL STATION KAKKANADU-682 030.
R BY GOVERNMENT PLEADER SRI SURIN GEOR IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WPC NO.32299 OF 2016:
APPENDIX
PETITIONERS EXHIBITS:
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.32299 of 2016 - J
======================
Dated this the 05th day of October, 2016
J U D G M E N T
The petitioner is aggrieved by the non-consideration of
Ext.P6 application, pending before the 3rd respondent. The prayer
of the petitioner is to direct the respondent to consider and dispose of Ext.P6, within a reasonable time.
2
W.P.(C) No.32299 of 2016 - J
land, which the 3rd respondent will consider in accordance with law. On the conversion being obtained, necessarily, the petitioner could also approach the appropriate authority under the Kerala Land Tax Act, 1961 for fresh assessment of the land, as directed to be utilised under the Kerala Land Utilisation Order, 1967, as has been held in Kizhakkambalam Grama Panchayath V. Mariumma - [2015(2) KLT 516] .
The writ petition is disposed of.
Sd/K. VINOD CHANDRAN, JUDGE
SB/05/10/2016
// true copy //
P.A to Judge
2 issues framed by the court
Whether the petitioner can direct the 3rd respondent to consider and dispose of his application for land conversion ensuring it is not classified as paddy or wet land.
Whether the petitioner can approach the appropriate authority for fresh assessment under the Kerala Land Tax Act, 1961 after obtaining conversion.
Colour shows how this judgement treated each authority
Puthan Purakkal Joseph v. Sub CollectorFollowed¶44
Puthan Purakkal Joseph v. Sub Collector [2015 (3) KLT 182]
Kizhakkambalam Grama Panchayath V. MariummaFollowed¶47
Kizhakkambalam Grama Panchayath V. Mariumma - [2015(2) KLT 516]
2 provisions across 2 enactments
MOHAMMADALI
THE VILLAGE OFFICER, CHOORNIKKARA VILLAGE, EDAPPALLY, ERNAKULAM
THE TAHSIDAR, TALUK OFFICE, ALUVA
THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI
THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION KAKKANADU
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
