High Court of KeralaWP(C)/23715/2014disposed of

Edacholi Manatt Shubhanghi v. The Sub Inspector

2015-03-12Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 23715 of 2014 (L) ---------------------------- PETITIONER:

------------------- EDACHOLI MANATT SHUBHANGHI, AGED 56 YEARS, D/O.PARVATHY, MUKUND NIVAS, PONNIYAM WEST POST, THALASSERY, KANNUR DISTRICT.

BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S):

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1. THE SUB INSPECTOR, THALASSERY, KANNUR DISTRICT - 670 101.

2. THE VILLAGE OFFICER, KATHIRUR VILLAGE, THALASSERY, KANNUR DISTRICT - 670 101.

3. THE AGRICULTURAL OFFICER, KATIRUR, THALASERY, KANNUR DISTRICT - 670 101. BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23715 of 2014 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 - TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17.2.2014 ISSUED BY THE VILLAGE OFFICER, KATHIRUR.

P2 - TRUE COPY OF THE APPLICATION DATED 06.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

P3 - TRUE COPY OF THE COMMUNICATION DATED 06.11.2013 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

P4 - TRUE COPY OF THE COMMUNICATION DATED 06.11.2013 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

P5 - TRUE COPY OF THE HEARING NOTICE DATED 15.1.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

P6TRUE COPY OF THE PERMISSION DATED 12.6.2014 ISSUED BY THE KATHIRUR GRAMA PANCHAYAT TO PETITIONER'S SON -IN-LAW.

P7 - TRUE COPY OF THE ORDER DATED 08.8.2014 OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). No. 23715 of 2014 ------------------------------------------- Dated this the 12th day of March, 2015

J U D G M E N T

The petitioner is the owner of the land having an extent of 32 cents comprised in Re-survey No.95/1B1A of Kathirur Village, which according to the petitioner is a 'garden land'. Though the same stands described as 'nancha' in the revenue records. The petitioner is enjoying the property also satisfying the tax. Ext.P1 is the 'possession certificate' issued by the concerned Village Officer. So as to enable the petitioner to put up a residential building, the petitioner submitted Ext.P2 application before the 1st respondent for sanction, pointing out that the property is not a paddy land, the same has not been included as paddy land in the Data Bank Register and further that no cultivation is being effected in the said property for the past more than 40 years. Photographs of the property are also produced along with Ext.P2.

Pursuant to the application, it was sought to be enquired into as per Ext.P3 and P4 proceedings dated 06.11.2013 issued by the 1st respondent. As per the contents of paragraph 4 of the counter affidavit filed by the 1st respondent, it is seen that pursuant to Exts.

WP(c). No.23715 of 2014 Register. It was concluded that no cultivation was being done in the land for the past 25 years. This being the position, the property cannot be termed as a paddy land or wet land as defined under Section 2(xii) or 2(xviii) of the Act 28/2008.

Under such circumstances, it is open for the petitioner to have appropriate relief in terms of the provisions of the KLU as made clear by the Apex Court vide decision reported in Revenue Divisional Officer V. Jalaja Dileep [2015 (1) KLT 984 (SC)]. Since Ext.P2 application preferred by the petitioner before the 1st respondent stands already rejected as per Ext.P7, this Court finds that the matter required to be reconsidered. Accordingly, Ext.P7 is set aside and the 1st respondent is directed to reconsider the matter, as above, after hearing, at the earliest, at any rate, within 'two months from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE.