Disposed

Johny v. State of Kerala

Kerala HC24 Jul 2023WP(C)/10526/2022

Case brief

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What is this about?

The High Court disposed of a writ petition filed by a landowner seeking permission for non-agricultural use. The petitioner's revision petition was pending with the government. The Court directed the competent authority to consider the revision and pass orders expeditiously, within three months.

What did the court decide?

Directed the 1st respondent to consider the Ext.P6 revision and pass appropriate orders within a period of three months.

Johny Vs State of Kerala — Property and Title | Kerala HC (2023)

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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 N.NAGARESH

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MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
WP(C) NO. 10526 OF 2022

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PETITIONER:

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JOHNY

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AGED 61 YEARS
S/O. VARGHEESE (LATE) PADAYATTIL HOUSE, ANGAMALY
POST, ERNAKULAM DISTRICT- 683 572.

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BY ADVS.

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AVANEESH KOYIKKARA

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NEENA BASIL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE LAND REVENUE COMMISSIONER COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JN, THIRUVANANTHAPURAM 695 001.

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3 DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD POST, ERNAKULAM DISTRICT 682 030.

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4 LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, ANGAMALY, KOCHI 683572.

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5 AGRICULTURAL OFFICER, KRISHI BHAVAN, ANGAMALY, KOCHI 683 572.

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BY ADV

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DEVISREE -GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.10526 of 2022

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JUDGMENT

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Dated this the 24 th day of July, 2023

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The petitioner, who is owner of 8.48 Ares of land in Angamaly Village of Ernakulam District sought permission of the authority for using the land for non-agricultural purposes invoking the provisions of the Kerala Land Utilization Order, 1967. The petitioner’s application was rejected as per Ext.P3. Aggrieved by Ext.P3, the petitioner filed Ext.P4 appeal before the Land Revenue Commissioner. Ext.P4 appeal submitted by the petitioner was rejected by the Land Revenue Commissioner also as per Ext.P5.

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The petitioner states that aggrieved by Ext.P5, the petitioner has invoked Clause 14 of the Kerala Land Utilisation Order and has preferred Ext.P6 revision. The said revision has been filed as early on 14.08.2021. The Government has not taken a final decision so far. Any further delay in taking a decision on the revision will cause hardship to the petitioner, contends the petitioner.

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Government Pleader entered appearance on behalf of the respondents and resisted the writ petition. The Government

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W.P(C) No.10526 of 2022

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Pleader denied all the allegations made by the petitioner. In respect of Ext.P6 revision, the Government Pleader submitted that if Ext.P6 revision filed by the petitioner is received and pending, the same being a statutory revision, it can be considered by the competent authority and disposed of in accordance with law.

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I have heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondents.

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From the pleadings in the writ petition, it is seen that the petitioner has preferred Ext.P6 revision. Ext.P6(a) is the acknowledgment in respect of the receipt of the revision. In view of the fact that Ext.P6 is a statutory revision, the competent authority is bound to consider the same in accordance with law and pass orders thereon within a reasonable time.

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The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P6 revision and pass appropriate orders thereon as expeditiously as possible and at any rate within a period of three months.

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Sd/N .NAGARESH JUDGE

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AMR

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W.P(C) No.10526 of 2022

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APPENDIX OF WP(C) 10526/2022

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PETITIONER’S EXHIBITS

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Exhibit P1A COPY OF THE TAX RECEIPT ISSUED BY THE
ANGAMALY VILLAGE OFFICE DATED 14-07-2015.
Exhibit P2A COPY OF THE RELEVANT PAGES OF DATA BANK
REGISTERS ALONG WITH THE LETTER FROM
AGRICULTURE OFFICER DATED 07-08-2015.
Exhibit P3A COPY OF THE ORDER NO. L15-77519/16
ISSUED BY THE 3RD RESPONDENT DATED 10-04-
2017.
Exhibit P4A COPY OF THE APPEAL ALONG WITH DELAY
CONDONATION PETITION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
04-07-2018.
Exhibit P4AA COPY OF THE DELAY CONDONATION PETITION
OF EXT P4 DATED 14-08-2018 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P5A COPY OF THE ORDER NO. LR (A1)-34965/2018
DATED 07-12-2018.
Exhibit P6A COPY OF THE REVISION PETITION SUBMITTED
BY THE PETITIONER UNDER CLAUSE 14 OF
KERALA LAND UTILISATION ORDER BEFORE THE
1ST RESPONDENT DATED 14-08-2021.
Exhibit P6AA COPY OF THE POSTAL ACKNOWLEDGMENT CARD
OF EXT P6.
Exhibit P7THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.
29389 OF 2021 DATED 20-12-2021 OF THIS
HON'BLE COURT.

Johny v. State of Kerala

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Johny v. State of Kerala

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