High Court of KeralaWP(C)/11154/2015disposed of

P.M.Simon v. District Collector, Thrissur

2015-04-07Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 11154 of 2015 (T) --------------------------------------- PETITIONER(S):

----------------------- P.M.SIMON, AGED 58 YEARS, S/O. LATE PULIKKOTTIL CHERU MATHAI, PULIKKOTTIL HOUSE, PONNAM ROAD, WEST MANGAD P.O., KANNAMKULAM, THRISSUR - 680 542.

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

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

1. DISTRICT COLLECTOR, THRISSUR - 680 001.

2. VILLAGE OFFICER, VILLAGE OFFICE, VADAMA VILLAGE, THRISSUR - 680 001.

3. THE AGRICULTURAL OFFICER, VADAMA VILLAGE, THRISSUR - 680 001.

BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 11154 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE COMMUNICATION FROM THE LOCAL LEVEL MONITORING COMMITTEE.

EXHIBIT-P2-TRUE COPY OF THE REPRESENTATION DATED 13/03/2015. RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.11154 OF 2015 ......................................................................... Dated this the 7th April, 2015

J U D G M E N T

The case of the petitioner is that the property belonging to the petitioner comprised in Sy.No.285/1, 285/2, 285/3, 286/1,286/2, 286/3, 287/1, 287/2, 287/3, 291/3, 297/3 and 441 of Vadama Village, Mukundapuram Taluk is actually a dry land, though the same stands described as ' Nilam' in the revenue records. It is also stated that the the concerned Local Level Monitoring Committee has decided to make necessary correction/entry with regard to the nature of the property of the petitioner in the Data Bank, as discernible from Ext.P1. Because of wrong description in the revenue records, the petitioner is not in a position to enjoy the property in a better and effective manner. In the said circumstance, the petitioner has preferred Ext.P2 application before the first respondent District Collector in terms of Clause (6) of the Kerala Land Utilization Order and the prayer is to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well.

3. In the said circumstance, the first respondent /District

W.P.(C)No.11154 OF 2015 Collector is directed to consider and pass appropriate orders on Ext.P2 in accordance with law, in the light of Ext.P1 report of the Local Level Monitoring Committee, which shall be done after affording an opportunity of hearing to the petitioner. The proceedings as above shall be finalised at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment . The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent/District Collector for further steps. The writ petition is disposed of.

P.R.RAMACHANDRA MENON JUDGE lk