Sumayya Faisal v. Revenue Divisional Officer, Fortkochi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).NO. 1994 OF 2015 (Y) --------------------------- PETITIONER(S):

-------------------------- SUMAYYA FAISAL, W/O.FAISAL, AGED 24 YEARS, KODOPPILLIMALIL, ULIYANNOOR P.O., KADUNGALLUR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.P.M.ZIRAJ.

RESPONDENT(S):

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

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

2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, ERNAKULAM DISTRICT - 682 030.

BY GOVT. PLEADER SRI.K.C. VINCENT.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).NO. 1994 OF 2015 (Y) APPENDIX PETITIONER'S EXHIBITS:- P1:

TRUE COPY OF THE TITLE DEED OF THE PETITIONER 15/06/2013 NO.2605/2013 OF ALANGAD.

P2:

TRUE COPY OF THE TAX RECEIPT DATED 09/07/2014 ISSUED BY THE KADUNGALLUR VILLAGE OFFICER.

P3:

TRUE COPY OF THE LAND IDENTIFICATION DETAILS OF KADUNGALLUR VILLAGE ISSUED BY THE KRISHI BHAVAN, KADUNGALLUR. P4:

TRUE COPY OF THE CERTIFICATES ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KADUNGALLOOR DATED 15/07/2013 CERTIFYING THAT THE LAND OF THE PETITIONER IS NOT INCLUDED IN THE DRAFT DATA BANK.

P5:

TRUE COPY OF THE APPLICATION DATED 17/12/2014 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITH COPY TO THE SECOND RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.1994 of 2015 --------------------------------------- Dated this the 20th 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 directing the first respondent to receive, consider and dispose Exhibit P5 application submitted by the petitioner in the light of the judgment of this Honourable Court in Revenue Divisional Officer Vs. Jalaja Dileep reported in 2014

(1) KLT page 161 and Praveen K. Vs. Land Revenue Commissioner reported in 2010 (2) KLT 617 within a time fixed by this Honourable Court.

ii). Direct the first respondent to allow the petitioner to use his land for other purposes beneficial to her.

3. Issue such other writ or orders or directions, which this Honourable Court may deem fit and proper in the interest of justice and circumstances of the case."

2. Heard the learned Government Pleader as well.

3. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P5 preferred by the petitioner, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at the earliest, at any rate, within 'six weeks' from the

W.P.(C) No.1994 of 2015 date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the first respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp