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High Court of KeralaWP(C)/24334/2015disposed of

Mary Matha Church, Chengannur v. State Of Kerala

2015-09-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 24334 of 2015 (N) ---------------------------- PETITIONER(S):

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1. MARY MATHA CHURCH, CHENGANNUR CHENGANNUR P.O, ALAPUZHA -689 121 REPRESENTED BY ITS VICAR FR.JAMES PAZHAYAMADAM.

2. SUDHEESH V. SEBASTIAN TRUSTEE, MARY MATHA CHURCH, CHENGANNUR PO ALAPUZHA-689121 BY ADVS.SRI.ROY CHACKO SRI.P.S.GEORGE RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM -695 001.

2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR - 689 121.

3. THE TAHSILDAR, CHENGANNUR - 689 121.

4. THE VILLAGE OFFICER, CHENGANNUR VILLAGE - 689 121.

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

WP(C).No. 24334 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 - TRUE COPY OF THE TAX RECEIPT DT. 14.10.09 ISSUED BY THE 4TH RESPONDENT P2 - TRUE COPY OF THE OCCUPANCY CERTIFICATE DT. 3.8.2004 ISSUED BY CHENGANNUR MUNICIPALITY.

P3 - TRUE COPY OF THE BUILDING PERMIT DT. 7.4.2006 ISSUED TO THE PETITIONERS P4 - TRUE COPY OF THE PROCEEDINGS DT. 23.2.2008 ISSUED BY THE 2ND RESPONDENT.

P5 - TRUE COPY OF THE APPLICATION DT. 20.3.2015 UNDER KLU ORDER BEFORE THE 2ND RESPONDENT.

P6 - TRUE COPY OF THE REPORT DT. 30.5.2015 ISSUED BY THE ADDL. THASILDAR RESPONDENT(S)' EXHIBITS ----------------------- NIL /TRUE COPY/ PS TO JUDGE vgs

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 24334 of 2015 ================== Dated this the 9th day of September, 2015

J U D G M E N T

The petitioner approached the 2nd respondent under Clause 6 of the Land Utilization order. Ext.P5 is the application. 2.

The land referred to in Ext.P5 situated in Re-survey No.290/3. The petitioner confined his request for consideration for utilizing land in respect of Re-survey No.290/3 in Chengannur Village.

3.

The learned Special Government Pleader submits that the land in Re-survey No.290/3 is not included in the draft data bank either as a paddy or wet land.

4.

In the light of the facts and circumstances above, the application shall be considered by the 2nd respondent, in accordance with law. Needful shall be done within a period of 6 weeks from the date of receipt of the copy of this judgment. sd/- sab A.MUHAMED MUSTAQUE, JUDGE