Petitioner challenged Ext.P9 circular under Kerala Land Utilization Order, 1967 and sought directions. Court disposed of the writ petition after quashing of Ext.P9 circular in Shivadasan, directing second respondent to pass fresh orders.
Second respondent directed to pass fresh orders on Ext.P2 application in light of Shivadasan within one month.
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.B.SURESH KUMAR
THURSDAY, THE 9TH DAY OF NOVEMBER 2017/18TH KARTHIKA, 1939
WP(C).No. 1242 of 2017 (E)
PETITIONER(S):
SHIBU, AGED 48 YEARS, S/O VARGHESE, ELUVATHINGAL HOUSE, NEAR CARMEL SCHOOL, CHALAKUDY, THRISSUR DISTRICT.
BY ADV. SRI.BOBY THOMAS
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.PIN.695001.
2. REVENUE DIVISIONAL OFFICER, CIVIL STATION, THRISSUR PIN.680003.
3. LOCAL LEVEL MONITORING COMMITTEE. CHALAKUDY, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, CHALAKUDY, THRISSUR. PIN. 680003.
BY GOVERNMENT PLEADER SRI. RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 1242 of 2017 (E)
APPENDIX
| PETITIO ------- |
NER(S)' ------- |
EXHIBITS --------- |
|---|---|---|
| EXHIBIT | P1 | TRUE COPY OF THE SALE DEED NO.1601/2013 DATED 05.04.2013. |
| EXHIBIT | P2 | TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 22.7.2015. |
| EXHIBIT | P3 | TRUE COPY OF THE ENTRY IN THE DRAFT DATA BANK OF PETITIONER'S PROPERTY, WHICH WAS IN THE NAME OF PREVIOUS OWNER CHINGINIMATTOM JOSEPH. |
| EXHIBIT | P4 | TRUE COPY OF THE ENQUIRY REPORT PREPARED BY THE AGRICULTURAL OFFICER, DATED 30.12.2015. |
| EXHIBIT | P5 | TRUE COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER TO THE REVENUE DIVISIONAL OFFICER, DATED 30.12.2015. |
| EXHIBIT | P6 | TRUE COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER, DATED 22.9.2015. |
| EXHIBIT | P7 | TRUE COPY OF THE LETTER DATED 25.9.2015 OF VILLAGE OFFICER, TO THE TALUK OFFICE. |
| EXHIBIT | P8 | TRUE COPY OF THE GOOGLE MAP SHOWING PETITIONER'S PROPERTY |
| EXHIBIT | P8 | TRUE COPY OF THE CIRCULAR NO.46848/P1/2016/REVENUE DATED 22.12.2016. |
RESPONDENT(S)' EXHIBITS -----------------------
NIL
TRUE COPY
P.S. TO JUDGE
EL
P.B.SURESH KUMAR, J
- - - - - - - - - - - - - - - - - - - W.P.(c) No.1242 of 2017
- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of November, 2017
JUDGMENT
Petitioner challenges Ext.P9 circular issued by the
Government to the competent authorities under the Kerala Land Utilization Order, 1967 for guidance while exercising the power conferred on them under the said subordinate legislation. He also seeks directions to the second respondent to pass orders on Ext.P2 application preferred by the petitioner invoking Clause 6(2) of the Kerala Land Utilisation Order.
W.P. (c) No.1242 of 2017
-2-
Divisional Officer (2017 (3) KLT 822) holding that the directions contained therein are unsustainable in law.
In the light of the said judgment, the writ petition is disposed of directing the second respondent to pass fresh orders on Ext.P2 application in the light of the decisions of this court in Puthan Purakkal Joseph v. Sub Collector (2015 (3) KLT 182) and Shivadasan (supra) . This shall be done within one month from the date of receipt of a copy of this judgment.
Sd/- P.B.SURESH KUMAR
bng
2 issues framed by the court
Whether to direct the second respondent to pass fresh orders on the application filed by the petitioner invoking Clause 6(2) of the Kerala Land Utilisation Order in light of the quashing of the Ext.P9
Whether the directions contained in the Ext.P9 circular are unsustainable in law following the decision in Shivadasan.
Colour shows how this judgement treated each authority
Shivadasan v. Revenue Divisional OfficerFollowed¶31
Shivadasan v. Revenue Divisional Officer (2017 (3) KLT 822)
Puthan Purakkal Joseph v. Sub CollectorFollowed¶35
Puthan Purakkal Joseph v. Sub Collector (2015 (3) KLT 182)
2 provisions across 2 enactments
SHIBU
STATE OF KERALA
REVENUE DIVISIONAL OFFICER, CIVIL STATION, THRISSUR
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.B.SURESH KUMAR
Parties & counsel
