George Moan P v. The District Collector
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. 11155 of 2015 (T) ---------------------------- PETITIONER(S):
-------------------------- GEORGE MOAN P, AGED 65 YEARS S/O.GEORGE, PANACKALODY, THENGODE.P.O.
KAKKANAD, ERNAKULAM.
BY ADVS.SRI.JAISHANKAR V.NAIR SMT.ARATHI KARUNAKARAN SMT.PARVATHY S.KRISHNAN RESPONDENT(S):
---------------------------- 1.
THE DISTRICT COLLECTOR, ERNAKULAM-682030.
2.
THE VILLAGE OFFICER, KAKKANADU VILLAGE, ERNAKULAM682030. 3.
THE AGRICULTURAL OFFICER, KAKKANADU VILLAGE, ERNAKULAM - 682030.
BY ADV.SRI.JOSEPH GEORGE, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11155 of 2015 (T) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT.P1- TRUE COPY OF THE APPLICATION DATED 15.03.2015. EXHIBIT.P2- TRUE COPY OF THE DATA BANK.
RESPONDENT(S)' EXHIBITS NIL -------------------------------------- R.AV //TRUE COPY// PA TO JUDGE
P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No.11155 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.700/7 of Kakkanadu village, Kanayannur Taluk is actually a dry land, though the same stands described as ' Nilam' in the revenue records. It is also stated that the said property has been described as 'purayidom' in the data bank register. 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.P1 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, who submits that the actual position/nature of the property is not discernible from Ext.P2 extract of Data Bank Register and as such, for causing disposal of Ext.P1, a report has to be obtained from the third respondent/Agricultural Officer(LLMC)
W.P.(C)No.11155 OF 2015
3. In the said circumstance, the first respondent /District Collector is directed to call for a report from the the third respondent/Agricultural Officer and pass appropriate orders on Ext.P1 in accordance with law, 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