Anil Abraham v. The Revenue Divisional Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 547 of 2015 (P) -------------------------- PETITIONER(S):
-------------------------- ANIL ABRAHAM, KODINJOOR, VALLAMKULAM EAST, ERAVIPEROOR VILLAGE, THIRUVALLA. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER JOY JOHN, KOORAPPALLIL HOUSE, KUMBANADU P.O., KOIPROM, THIRUVALLA.
BY ADVS.SRI.T.P.PRADEEP, SRI.P.K.SATHEES KUMAR.
RESPONDENT(S):
----------------------------
1. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA - 689 101.
2. THE AGRICULTURAL OFFICER / CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, ERAVIPEROOR - 689 542.
3. THE VILLAGE OFFICER, ERAVIPEROOR - 689 531.
BY SR. GOVT. PLEADER SRI.JOSEPH GEORGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 547 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1(A):
TRUE COPY OF THE SALE DEED DOCUMENT NO.2299/2014 DATED 08.08.2014 OF THIRUVALLA S.R.O.
EXHIBIT P1(B):
TRUE COPY OF THE SALE DEED DOCUMENT NO:2853/2013 DATED 26.09.2013 OF THIRUVALLA S.R.O.
EXHIBIT P1(C):
TRUE COPY OF THE SALE DEED DOCUMENT NO:651/1/2014 DATED 20.02.2014 OF THIRUVALLA S.R.O.
EXHIBIT P2:
TRUE COPY OF THE APPLICATION FOR PERMIT AND PLAN DATED 14.12.2014.
EXHIBIT P3:
TRUE COPY OF THE CERTIFICATE DATED 24/12/2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4:
TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT.
EXHIBIT P5:
TRUE COPY OF THE REPRESENTATION DATED 29.12.2014. RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
P.R. RAMACHANDRA MENON, J.
======================== W.P.(C). No. 547 of 2015 -------------------------------------------- Dated this the 8 th day of January, 2015
JUDGMENT
The petitioner has approached this Court with the following prayers:
"i. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding 1st respondent to allow the petitioner to utilize his property as "Purayidom" in the light of Clause 6(1) of the Land Utilization Order, 1967 so as to enable him to make use of the property for other purpose than agricultural purpose.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding 1st respondent to grant permission to the petitioner for constructing the Auditorium in the land comprising in Re Sy No. 386/5-1-1, 386/5-1-2, 386/5-1-3 respectively of Eraviperoor Village under clause 6 of the Land Utilization Order, 1967.
iii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding 1st respondent to dispose of Ext.P5 representation forthwith."
2. The learned counsel for the petitioner points out that, the properties covered by Ext.P1 series title deeds are actually 'dry land' and not a 'paddy land' or 'wet land' as per the definition under Sections 2(xii) and 2(xviii) of the Act 28 of 2008. But the
W.P.C. No.547 of 2015 -2property stands described as 'nilam' in the revenue records. As discernible from Ext.P4 which is a copy of the Draft Data Bank Register, the property has been described as 'dry land' (purayidom). The learned counsel for the petitioner submits that st respondent by filing Ext.P5 the petitioner has moved the 1 application dated 29.12.2014 under clause '6' of Kerala Land Utilization Order. The prayer is to cause the same to be considered and finalized within a reasonable time.
3. Heard the learned Government Pleader as well, who submits that Ext.P5 will be considered and orders will be passed after conducting site inspection and getting a report from the concerned Agricultural Officer.
4. In the said circumstance, the writ petition is disposed of, st respondent to call for a report from the 2 nd directing the 1 respondent as to the factual particulars, after conducting site inspection with notice to the petitioner and Ext.P5 application shall be considered and finalized in accordance with law also in the light of the law declared by this Court in Jafarkhan v. K.A. Kochumarakkar & Others (2012 (1) KLT 491) and that of the Division Bench in Praveen K. v. Land Revenue
W.P.C. No.547 of 2015 -3Commissioner, Thiruvananthapuram & Others (2010 (2) KLT 617), at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along st respondent for with a copy of the writ petition before the 1 further steps.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-