V.G.George v. The Revenue Divisional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No.4644 of 2015 (E) -------------------------------------- PETITIONER:

------------------- V.G.GEORGE,SON OF K.VARGHESE, FLAT 106,FERN ICON,AMBELI PADAM ROAD, VYTTILA PO.,ERNAKULAM-682019.

BY ADV. SRI.S.M.PREM RESPONDENTS:

------------------------ 1.

THE REVENUE DIVISIONAL OFFICER, FORT KOCHI-682001.

2.

THE VILLAGE OFFICER,KAKKANAD VILLAGE, KAKKANAD P.O.,ERNAKULAM-682030.

R1 & R2 BY SENIOR GOVT. PLEADER SRI.MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.4644 of 2015 (E) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P1:TRUE COPY OF THE APPLICATION DATED 10.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P2:TRUE COPY OF THE RELEVANT PORTIONS OF THE DRAFT DATE BANK OF KAKKANAD VILLAGE.

EXT.P3:TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF KAKKANAD VILLAGE ON PAYMENT OF BASIC TAX BY THE PETITIONER FOR HIS PROPERTY.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.4644 of 2015 --------------------------------------- Dated this the 13th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"(i) Issue a writ of mandamus or such other writ, direction or order compelling the 1st respondent to take a decision on Exhibit P1 application on merits and to grant permission under Clause (6) of the KLU Order to utilise the petitioner's land of 40.25 Ares (99.5 cents) of land comprised in Resurvey Nos.570/1, 570/7 and 570/17 in Block No.9 of Kakkanad Village in Kanayannur Taluk of Ernakulam District for any purpose other than cultivation amending the entries in the BTR as 'converted dry land' instead of 'nilam', within a time limit to be fixed by this Honourable Court.

(ii) Issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case."

2. Heard the learned Government Pleader as well.

3. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the issue on merits.

4. After hearing both the sides, the writ petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext.P1 application preferred by the petitioner, after giving an opportunity of hearing to the petitioner, as

W.P.(C) No.4644 of 2015 expeditiously as possible, at the earliest, at any rate, within 'two months' from the 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