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High Court of KeralaWP(C)/15968/2015disposed of

Edakalathu Hotels And Resorts v. The State Of Kerala

2015-09-04Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 15968 of 2015 (U) --------------------------------------- PETITIONER:

------------------- EDAKALATHU HOTELS AND RESORTS (P) LTD, REPRESENTED BY ITS MANAGING DIRECTOR, E. O. LAWRENCE, AGED 55, S/O.EDAKALATHUR OUSEPH, WELCOME VILLA, POONKUNNAM, THRISSUR-680002.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS:

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

THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2.

THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR-680001.

3.

THE SUB COLLECTOR AND THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, AYYANTHOLE, THRISSUR-680001.

4.

THE VILLAGE OFFICER, ENGANDIYOOR VILLAGE OFFICE, PIN-680001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 15968 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE DOCUMENT BEARING NO.1370 OF 2014 DATED 26.6.2014 OF THE VADANAPPALLY S.R.O.

EXT.P2 A TRUE COPY OF THE DOCUMENT BEARING NO.1369 OF 2014 DATED 26.6.2014 OF THE VADANAPPILY S R O EXT.P3 A TRUE COPY OF THE COMMUNICATION OF THE AGRICULTURAL OFFICER WITH THE RELEVANT RECORDS DATED 12.2.2015 EXT.P4 A TRUE COPY OF THE STOP MEMO ISSUED BY THE FOURTH RESPONDENT DATED 26.1.2015 EXT.P5 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 14.2.2015 EXT.P6 A TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER DATED 16.4.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.15968 of 2015 ---------------------------------- Dated this the 4th day of September, 2015.

J U D G M E N T

The petitioner has approached this Court challenging Ext.P4 stop memo issued by the Village Officer, the 4th respondent.

2. Ext.P4 stop memo is issued on the premise that the land referred in Ext.P4 is included in the draft Data Bank as 'nilam'. According to the petitioner, the land is a converted land.

3. The learned Government Pleader on instruction submitted that a part of the land is included in the draft Data Bank.

4. Even if a portion of the land is not included in the draft Data Bank, to utilise that portion of the land, the petitioner has to obtain permission under Clause 6 of Kerala Land Utilisation Order. In that view of the matter, considering the facts and circumstances of the case, this

W.P.(C)No.15968 of 2015 Court is of the view that Ext.P4 has to be set aside, to the extent it is applicable to the land not included in the draft Data Bank. However, to utilise the remaining land for other purpose, the petitioner has to obtain permission under Clause 6 of Kerala Land Utilisation Order. The petitioner cannot use the portion of land which is included in the draft Data Bank for any other purposes, without obtaining necessary permission from the competent authority under Act 28/2008. If the petitioner makes an application under Clause 6 of Kerala Land Utilisation Order, the same shall be considered by the 2nd respondent within 2 months of receipt of such application, in respect of the land not included in the draft Data Bank.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge