Disposed

M.B Sathi v. the District Collector

Kerala HC26 Nov 2019WP(C)/5412/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition directing the Revenue Divisional Officer to take up an application under Clause 6(2) of the Kerala Land Utilization Order and issue orders within two months. If an order exists, it must be communicated within one month.

What did the court decide?

Directed the Revenue Divisional Officer to dispose of Ext.P2 application under KLU Order Clause 6(2) within two months; existing orders to be communicated within one month.

M.B Sathi Vs the District Collector — Land Acquisition | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA, 1941

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WP(C).No.5412 OF 2019(B)

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PETITIONER:

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M.B SATHI AGED 64 YEARS MORICKAL HOUSE, KAKKANAD P.O., KOCHI 682 030.

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BY ADVS. SRI.C.K.PAVITHRAN SMT.NEENU PAVITHRAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, KOCHI 682 030.

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2 THE REVENUE DIVISIONAL OFFICER, KOCHI 682 030.

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3 THE TAHSILDAR, KANAYANNUR, KOCHI 682 011.

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4 THE VILLAGE OFFICER, VAZHAKKALA VILLAGE, KOCHI 682 021.

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5 THE LOCAL LEVEL MONITORING COMMITTEE THRIKKAKARA MUNICIPAL OFFICE, KAKKANAD P.O., REPRESENTED BY ITS CONVENER, THE AGRICULTURE OFFICER, KRISHIBHAVAN, KAKKANAD , KOCHI 682 030.

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OTHER PRESENT:

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GP - RAJI T. BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.5412 OF 2019(B)

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J U D G M E N T

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The petitioner has approached this Court seeking that Ext.P2 application preferred by her under the provisions of Clause 6(2) of the Kerala Land Utilization Order (KLU Order for short), be directed to be taken up and disposed of by the Revenue Divisional Officer, Kochi, at the earliest.

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However, the learned Government Pleader - Smt.Raji T Bhasker, submits that she has no instructions as to whether Ext.P2 has already been disposed of, adding that some orders appear to have been issued by the Revenue Divisional Officer on 23.11.2019. She therefore,prays that this writ petition be closed without issuing any further orders.

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Even when I hear Smt.Raji T Bhasker on the afore lines, the fact remains that Ext.P2 application appears to have been made by the petitioner as early as on 12.09.2016 and subsequently, Ext.P3 judgment has been issued by a learned Judge of this Court on 01.06.2017 directing the Authority to consider the said application in terms of law. I am therefore, of the view that it will be justified in disposing of this writ petition in the following manner.

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WP(C).No.5412 OF 2019(B)

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Resultantly and for the reasons above, I order this writ petition and direct the Revenue Divisional Officer to take up Ext.P2 application if it has not been already disposed of and issue orders thereon after following due procedure and in terms of the KLU Order, as expeditiously as is possible but not later than two months from the date of receipt of a copy of this judgment. If on the contrary, the Revenue Divisional Officer has already issued an order as submitted by Smt.Raji T Bhasker, then the resultant order shall be communicated to the petitioner within a period of one month from today, so as to enable the petitioner to either challenge the same if it is to her detriment or to use the same in such manner as she may be advised.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.5412 OF 2019(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RECEIPT DATED 26.7.2014 ISSUED BY THE VILLAGE OFFICER, VAZHAKALA.
EXHIBIT P2	TRUE COPY OF THE PETITION DATED 12.9.2016.
EXHIBIT P3	TRUE COPY OF THE JUDGMENT DATED 1.6.2017 IN WPC NO. 5209/17
EXHIBIT P4	TRUE COPY OF THE RECEIPT DATED 19.6.17 ISSUED FROM THE COLLECTORATE.
EXHIBIT P5	TRUE COPY OF THE LETTER DATED 15.2.2018 ADDRESSED TO THE DISTRICT COLLECTOR.
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 25.4.18 ISSUED BY THE DISTRICT COLLECTOR ADDRESSED TO THE SUB COLLECTOR.
EXHIBIT P7	TRUE COPY OF THE PETITION DATED 8.8.18.
EXHIBIT P8	TRUE COPY OF THE PETITION DATED 24.1.19.

M.B Sathi v. the District Collector

Case brief

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M.B Sathi v. the District Collector

Case brief

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