Abdul Rahman v. The District Collector, Ernakulam Civil Station

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 8360 of 2015 (T) -------------------------------------- PETITIONER(S):

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1. ABDUL RAHMAN, AGED 44 YEARS, S/O MARAKAR, KORAKKANATTU, THAIKKATTUKARA, CHOORNIKARA, ALUVA, ERNAKULAM.

2. SEENATHA, AGED 39 YEARS, W/O. ABDUL RAHMAN, KORAKKANATTU, THAIKKATTUKARA CHOORNIKARA, ALUVA, ERNAKULAM.

BY ADVS.SRI.JAISHANKAR V.NAIR SMT.ARATHI KARUNAKARAN SMT.PARVATHY S.KRISHNAN RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM 682030.

2. THE THAHASILDAR, ALUVA TALUK, ERNAKULAM. 683101.

3. THE VILLAGE OFFICER, ALUVA WEST VILLAGE OFFICE, ALUVA, ERNAKULAM 683101.

4. THE AGRICULTURAL OFFICER, ALUVA WEST VILLAGE, ALUVA, ERNAKULAM 683101. R BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AD/

WP(C).No. 8360 of 2015 (T) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE APPLICATION DATED 23/1/2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE AD/

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 8360 of 2015 -------------------------------------------- Dated this the 17th day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"1. To issue a writ of mandamus or other appropriate writs or orders commanding the 1st respondent herein to immediately consider Exhibit P1 application of the petitioners and pass orders on the same immediately.

2. To issue a writ of mandamus or other appropriate writs or orders commanding the 1st respondent to grant permission to the petitioners to utilize the land for other purpose under the Kerala Land Utilization Order, 1967.

3. To declare that the land of the petitioners comprised in Survey No. 59/2-2-5-1 and 59/2-2-5-2 of Block NO.36 of Aluva West Village, is 'Converted Land' and grant permission to the petitioners to utilize the land for other purpose."

The learned counsel for the petitioners submits that the only prayer is to cause Ext.P1 to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well, who submits that Ext.P1 is not a proper petition in terms of clause 6 of the KLU Order as evident from the last sentence of the request, whereby the relief sought for is to convert the nature and classification of the land as dry land/reclaimed land. In the

W.P.C. No. 8360 of 2015 -2BTR it is shown as paddy land. By virtue of the law declared by Apex Court as per the decision reported in Revenue Divisional Officer v. Jalaja Dileep (2015(1) KLT 984) (SC), the classification cannot change the BTR. However, if the petitioner files a proper application under Clause 6(2) of the KLU Order, the same will be considered and appropriate orders will be passed within the reasonable time.

3. In the said circumstance, the petitioners are set at liberty to file an application under Clause 6(2) of the KLU Order before the 1st respondent within 'two weeks' from the date of receipt of a copy of this judgment upon which the same shall be considered and appropriate orders shall be passed in accordance with law, after calling for a report from the 4th respondent with regard to the nature of the land in question. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE.

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