The High Court of Kerala directed the Revenue Divisional Officer to expedite the consideration of the petitioner's application under the Kerala Land Utilization Order, with a timeframe of three weeks.
Directed the second respondent to consider the exhibited application within three weeks from the date of receipt of a copy of this judgment.
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 SHAJI P.CHALY
TUESDAY, THE 3RD DAY OF JULY 2018 / 12TH ASHADHA, 1940
WP(C).No. 7734 of 2018
PETITIONER(S)
P.P.MUHAMMED, AGED 58 YEARS, S/O. PAREED HAJI, PADIYATH HOUSE, ERIYAD P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2. REVENUE DIVISIONAL OFFICER, TIRUR, THRISSUR DISTRICT - 680 001.
BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 7734 of 2018 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 29.01.2018. EXHIBIT P2. TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.4.2017. EXHIBIT P3. TRUE COPY OF THE COMMUNICATION GIVEN BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, ERIYAD DATED 9.2.2018. EXHIBIT P4. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER UNDER CLAUSE 6 OF KERALA LAND UTILISATION ORDER DATED 21.2.2018 WITH POSTAL RECEIPT. EXHIBIT P5. TRUE COPY OF THE PHOTOGRAPHS SHOWING THE NATURE OF THE PROPERTY.
RESPONDENT(S)'EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
TS 04.07.2018
SHAJI P. CHALY, J.
W.P.(C) No.7734 of 2018
Dated this the 3rd day of July, 2018
J U D G M E N T
According to the petitioner, petitioner is in possession and enjoyment of 0.0709 hectares of land in Sy.No.1531 of Eriyad Village and 0.1179 hectares in Sy.No.1532 of the very same village. According to the petitioner, the property is not included in the data bank constituted under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, however, a portion of the property is shown as 'nilam' in the BTR. Thereupon, petitioner has submitted Ext.P4 application under the Kerala Land Utilization Order seeking utilization of land for different purposes other than paddy cultivation, which is pending consideration and seeks direction for early consideration of the same.
W.P.(C) No.7734 of 2018
2
direction to the 2nd respondent to consider Ext.P4 in accordance with law and attain finality at the earliest possible time and at any rate within three weeks from the date of receipt of a copy of this judgment, after verifying the veracity of the submission made in the writ petition that, the property is not included in the data bank. Petitioner is also directed to produce a copy of the writ petition along with all appended documents before the 2nd respondent.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE
smv 3.7.2018
P.P. Muhammed
State of Kerala
Revenue Divisional Officer, Tirur
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
