Writ petition challenging an order directing land conversion. Court set aside order for lack of proper application of mind and directed fresh inquiries while maintaining status quo.
Order dated 11.08.2014 set aside. 2nd respondent directed to pass fresh orders within two months considering violation of KLU order. Status quo maintained.
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 MURALI PURUSHOTHAMAN
MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
WP(C) NO. 24928 OF 2014
PETITIONER/S:
N.P.ABRAHAM AGED 54 YEARS S/O.POULOSE, NEDUMKALLEL HOUSE, EDAVATTY P.O., THODUPUZHA, THODUPUZHA TALUK, IDUKKI DISTRICT - 685 584.
BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.DIPU JAMES SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.SUNIL KUMAR A.G
RESPONDENTS:
TALUK OFFICE, MINI CIVIL STATION, THODUPUZHA-685584.
BY ADVS.
GOVERNMENT PLEADER SRI. SYAMANTHAK SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court challenging Ext.P8 order dated 11.08.2014 passed by the 2nd respondent pursuant to a notice issued under Clause 7 (1) of the Kerala Land Utilisation Order, 1967 (for short, KLU Order).
WP(C) NO. 24928 OF 2014
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the violation of the KLU Order and the complaint made by the 5th respondent. It is also contended that Ext.P8 was passed for the sole reason that the petitioner failed to produce any orders from concerned authority to fill the paddy land with red earth.
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WP(C) NO. 24928 OF 2014
lie, location and nature of the subject land and the adjoining lands. Pursuant to the said direction, the Advocate Commissioner has submitted a report.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
al/-
WP(C) NO. 24928 OF 2014
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APPENDIX OF WP(C) 24928/2014
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF BASIC TAX RECEIPT DTD. 15/7/2000. EXHIBIT P2 TRUE COPY OF BUILDING PERMIT DTD. 3/2/2005. EXHIBIT P3 TRUE COPY OF ORDER DATED 30/9/2003. EXHIBIT P4 TRUE COPY OF ROUGH SKETCH. EXHIBITP5 TRUE COPY OF SAID NOTICE DATED 20/7/2004. EXHIBIT P6 TRUE COPY OF ORDER DATED 14/7/2006 IN APPEAL NO.LR(A)1-35994/05 DATED 27/2/2013 IN WPC NO.27294 OF 2006. EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 27/02/2013 IN WPC NO.27294/2006. EXHIBIT P8 TRUE COPY OF ORDER DATED 11/8/2014 IN C21764/2012. ANNEXURE A1 NOTICE DATED 22.7.2022 ISSUED TO THE PETITIONER AND 4TH RESPONDENTS. ANNEXURE A2 ROUGH SKETCH OF SUBJECT LAND AND ADJOINING LANDS. ANNEXURE A3 PHOTOGRAPHS WITH RESPECT TO THE PLAINT SCHEDULE PROPEPRTY SHOWING THE LAY AND LIE OF THE SUBJECT LAND AND THE ADJOINING LANDS.
2 issues framed by the court
Whether an order directing conversion of land to wetland passed without proper enquiry requires to be set aside.
Whether status quo should be maintained on the disputed property pending fresh orders.
2 provisions across 2 enactments
N.P.ABRAHAM
THE COMMISSIONER FOR LAND REVENURE
THE REVENUE DIVISIONAL OFFICER
THE TAHSILDAR
THE VILLAGE OFFICER
ANNAKUTTY
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
