Petitioner filed writ petition seeking direction to 1st respondent to consider and dispose of an application filed under Kerala Land Utilisation Order, 1967 referencing a prior judgment of this Court. Court directed disposal within one month.
Directed 1st respondent to consider Ext.P17 application and pass appropriate orders within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
WP(C) NO. 3001 OF 2022
PETITIONER:
RAJEEVAN M.,
AGED 61 YEARS
S/O.M.K. MADHAVAN NAMBIAR,
MACHARI KONDAYATE HOUSE, CHERUVANNUR P.O.,
MEPPAYUR VILLAGE, KOZHIKODE DISTRICT 673 524.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
K.S.ARCHANA
MOHAMMED SHAFI.K
M.G.SREEJITH
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER, RDO OFFICE , VADAKARA, VADAKARA P.O., KOZHIKODE DISTRICT 673 101.2 TAHSILDAR, TALUK OFFICE, KOYILANDY, KOZHIKODE DISTRICT 673 307.3 VILLAGE OFFICER, CHERUVANNUR VILLAGE, CHERUVANNUR P.O. MEPPAYUR-VIA, KOZHIKODE DISTRICT 673 524.4 LOCAL LEVEL MONITORING COMMITTEE, CHERUVANNUR VILLAGE, CHERUVANNUR P.O., KOZHIKODE DISTRICT, REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERUVANNUR, KOZHIKODE DISTRICT 673 524.SMT.VIDYA KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.3001 of 2022
2
JUDGMENT
Dated this the 12th day of December, 2022
The petitioner, who is owner of 62 Cents of land in Koyilandy Taluk of Kozhikode District, has filed this writ petition seeking to command the 1st respondent-Revenue Divisional Officer to consider and dispose of Ext.P17 application in the light of Ext.P16 judgment of this Court.
In view of the above, the writ petition is disposed of directing the 1st respondent-Revenue Divisional Officer to
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WP(C) No.3001 of 2022
consider Ext.P17 application submitted by the petitioner and
pass appropriate orders thereon in accordance with law,
within a period of one month.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.3001 of 2022
4
APPENDIX OF WP(C) 3001/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF DOCUMENT NO. 972/97 DATED
3.5.97. OF THE SUB REGISTRY MEPPAYUR.
Exhibit P2TRUE COPY OF DOCUMENT NO. 1888/11
DATED 11.8.2021 OF THE SUB REGISTRY
MEPPAYUR.
Exhibit P3TRUECOPYOFTHEPOSSESSION
CERTIFICATE DATED 6.2.2014 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P4TRUE COPY OF THE RELEVANT PAGES OF THE
INTENT DATED 15.6.2012 ISSUED BY THE
BHARAT PETROLEUM CORPORATION LIMITED,
KOZHIKODE.
Exhibit P5TRUE COPY OF THE LETTER DATED
23.7.2012 FORWARDED BY THE BHARAT
PETROLEUM CORPORATION LIMITED TO THE
DISTRICT COLLECTOR, KOZHIKODE.
Exhibit P6TRUE COPY OF THE LETTER DATED
19.10.2012 FORWARDED BY THE 3RD
RESPONDENT TO THE REVENUE DIVISIONAL
OFFICER, KOZHIKODE.
Exhibit P7TRUE COPY OF THE CERTIFICATION ISSUED
BY THE 3RD ND 4TH RESPONDENTS ON
12.12.2013.
Exhibit P8TRUE COPY OF THE LETTER DATED 3.6.2013
FORWARDED BY THE RDO, KOZHIKODE TO THE
DISTRICT COLLECTOR, KOZHIKODE.
Exhibit P9TRUE COPY OF THE PROCEEDINGS DATED
20.6.2013 OF THE DIVISIONAL OFFERER,
FIRE AND RESCUE SERVICES, MEENCHANTHA
KOZHIKODE.
Exhibit P10TRUE COPY OF THE PROCEEDING DATED
30.6.2013 OF THE ASSISTANT EXECUTIVE
ENGINEER P.W.D. ROADS AND DIVISION,
KOYILANDY FORWARDED TO THE EXECUTIVE
ENGINEER, P.W.D. ROADS DIVISION,
KOZHIKODE.
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WP(C) No.3001 of 2022
Exhibit P11TRUE COPY OF THE PROCEEDING DATED
19.9.2013 OF THE 2ND RESPONDENT
FORWARDED TO THE ADDITIONAL DISTRICT
MAGISTRATE, KOZHIKODE.
Exhibit P12TRUE COPY OF THE NOC DATED 20.8.2013
GIVEN BY SMT. NUSAIBA.
Exhibit P12 (A)TRUE COPY OF THE NOC DATED 20.8.2013
GIVEN BY MR. ANEESH KURUNGOTT.
Exhibit P12 (B)TRUE COPY OF THE NOC DATED 20.8.2013
GIVEN BY MR. KUNHABDULLA P.K.
Exhibit P12 (C)TRUE COPY OF THE NOC DATED 20.8.2013
GIVEN BY SMT. MALATHI AMMA.
Exhibit P12 (D)TRUE COPY OF THE NOC DATED 21.8.2013
GIVEN BY M.R P.K. PADMANABHAN.
Exhibit P13TRUE COPY OF THE PROCEEDING DATED
8.10.2013 OF THE DISTRICT COLLECTOR,
KOZHIKODE FORWARDED TO THE GOVERNMENT.
Exhibit P14TRUE COPY OF THE G.O.(RT) NO.
250/2014/AGRI DATED 10.2.2014 ISSUED
BY THE GOVERNMENT OF KERALA.
Exhibit P15TRUE COPY OF THE JUDGMENT OF THIS
HONBLE COURT DATED 12.11.2021 IN WPC
NO. 20381/2015.
Exhibit P16TRUE COPY OF THE JUDGMENT OF THIS
HONBLE COURT IN JESSY ABRAHAM V. LAND
REVENUE COMMISSIONER REPORTED IN 2021
(6) KHC 316.
Exhibit P17TRUE COPY OF THE APPLICATION DATED
8.12.2021 SUBMITTED BY THE PETITIONER
BEFORE THE IST RESPONDENT AD PROVIDED
UNDER CLAUSE 6 (2) OF THE KERALA LAND
UTILIZATION ORDER 1967.
Exhibit P17 (A)TRUE COPY OF THE RECEIPT DATED
13.12.2021ISSUEDBYTHEIST
RESPONDENT.
RESPONDENT’S/S EXHIBITS : NIL
1 issue framed by the court
Whether the 1st respondent is legally obliged to consider a statutory application filed by the petitioner under the Kerala Land Utilisation Order, 1967.
Colour shows how this judgement treated each authority
Jessy Abraham V. Land Revenue CommissionerReferred¶20
2021 (6) KHC 316 in Jessy Abraham V. Land Revenue Commissioner
WPC No. 20381/2015Referred¶38
1 provisions across 1 enactments
Rajeevan M.
Revenue Divisional Officer, Vadakara
Tahsildar, Koyilandy
Village Officer, Cheruvannur
Local Level Monitoring Committee, Cheruvannur
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court