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High Court of KeralaWP(C)/1310/2015disposed of

Premod Chandrasekharan Nair v. The Revenue Divisional Officer (Rdo), Fortkochi

2015-01-14Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1310 of 2015 (K) --------------------------- PETITIONER:

------------------- PREMOD CHANDRASEKHARAN NAIR, S/O.CHANDRASEKHARAN NAIR, AGED 38 YEARS, RESIDING AT KUTTOOR KIZHAKKEDATH VEEDU, PATTAZHI P.O., PIN-691522, KANNIMEL DESOM, PATTAZHI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER MR.N.RADHAKRISHNAN, SON OF NARAYANA PILLAI K.V., AGED 59 YEARS, KAVISSERY HOUSE, EAST AIMURY KARA, PIN-683544, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

--------------------------

1. THE REVENUE DIVISIONAL OFFICER (R.D.O), FORTKOCHI, ERNAKULAM DISTRICT - 682 001.

2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, ERNAKULAM DISTRICT-682030.

BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1310 of 2015 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT P1 :

TRUE COPY OF THE TITLE DEED OF THE PETITIONER 25-04-2013 NO.1626/2013 OF ERNAKULAM SUB REGISTRAR OFFICE. EXT P2 :

TRUE COPY OF THE TAX RECEIPT DATED 21-07-2014 ISSUED BY THE CHERANELLOOR VILLAGE OFFICER.

EXT P3 :

TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

EXT P4 :

TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK PREPARED UNDER THE PROVISIONS OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT 2008 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERANELLOOR. EXT P5 :

TRUE COPY OF THE REPORT SUBMITTED BY THE ADDITIONAL TAHASILDAR, KANAYANNUR TALUK BEFORE THE SECRETARY, CHERANELLOOR GRAMA PANCHAYATH CERTIFYING THAT THE LAND OF THE PETITIONER IS A CONVERTED LAND DATED 04-08-2014. EXT P6 :

TRUE COPY OF THE APPLICATION DATED 29-12-2014 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1310 of 2015 -------------------------------------------- Dated this the 14 th day of January, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"1. Issue a writ of mandamus or any other appropriate writ, order or direction directing the first respondent to receive, consider and dispose Ext.P6 application submitted by the petitioner within a time fixed by this Honourable Court.

2. Direct the first respondent to allow the petitioner to use his land for other purpose beneficial to him."

2. The learned counsel for the petitioner submits that the grievance of the petitioner has also been projected by way of st respondent and the Ext.P6 application preferred before the 1 prayer is only to cause the same to be considered and disposed of within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited nature of relief sought for, the st respondent to writ petition is disposed of, directing the 1 consider and pass appropriate orders on Ext.P6 application preferred by the petitioner under Clause '6' of the KLU Order in

W.P.C. No.1310 of 2015 -2accordance with law, after giving an opportunity of hearing to the petitioner, 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.

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