← Library
High Court of KeralaWP(C)/14442/2015disposed of

Mary Varkey v. Revenue Divisional Officer, Kottayam

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14442 of 2015 (E) ---------------------------------------- PETITIONER:

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

1. MARY VARKEY, AGED 70 YEARS, W/O.ABRAHAM, THAZHATHURUTHIL, KALAYANTHANI P O, ALAKKOD VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

2. ABRAHAM VARKEY, AGED 75 YEARS, S/O.VARKEY, THAZHATHURUTHIL, KALAYANTHANI P O ALAKKOD VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.S.DHANESH KUMAR RESPONDENT:

-------------------- REVENUE DIVISIONAL OFFICER (R.D.O), IDUKKI, IDUKKI DISTRICT-685588.

BY SENIOR GOVERNMENT PLEADER SRI.MOHAMMED SHAFFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 14442 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE TAX RECEIPT DTD 12/5/2014 ISSUED BY THE ALAKKODE VILLAGE OFFICER P2:- TRUE COPY OF THE POSSESSION CERTIFICATE DTD 16/12/2014 ISSUED BY THE ALAKKODE VILLAGE OFFICER P3:- TRUE COPY OF THE THADAPPER REGISTER ISSUED BY THE VILLAGE OFFICER, ALAKKODE VILLAGE DTD 27/12/2014 P4:- TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK OF ALAKKODE VILLAGE ISSUED BY THE VILLAGE OFFICER, ALAKODE VILLAGE P5:- TRUE COPY OF THE APPLICATION DTD 1/4/2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER 1967 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.14442 of 2015 ============================ Dated this the 12th day of May, 2015

JUDGMENT

Petitioners are the owners of property having a total extent of 120.46 Ares comprised 25.46 Ares in Block No.31, Re.Sy.No.173/2 and 94 Ares situated in Block No.31, Re.SY.No.173/1 of Alakkode Village, Thodupuzha Taluk, Idukki District. Petitioners submit that these properties are not included in the Data Bank and classified as paddy or wet land. Therefore, petitioners approached the Revenue Divisional Officer in terms of clause (6) of the Kerala Land Utilization Order, 1967 seeking permission to utilize the land for other purposes. 2.

In that view of the matter, after verifying the nature of the land from the Agricultural Officer, Revenue Divisional Officer, Idukki shall consider Ext.P5 application after issuing notice to the petitioners within a period of two months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/13/05/15