High Court of KeralaWP(C)/24909/2015disposed of

George Varghese v. State Of Kerala

2015-09-17Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 WP(C).No. 24909 of 2015 (K) ---------------------------- PETITIONER:

------------ GEORGE VARGHESE S/O.T.M.GEORGE, THADATHEL HOUSE, CHERUKOLE VILLAGE PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT CIVIL STATION, REVENUE DEPARTMENT, PATHANAMTHITTA, PIN- 689 645.

2. DISTRICT COLLECTOR, PATHANAMTHITTA, CIVIL STATION, PATHANAMTHITTA PIN 689645.

R1 BY GOVERNMENT PLEADER SRI.MANOJ KUNHACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24909 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK FOR CHERUKOLE GRAMA PANCHAYAT.

EXHIBIT P2 TRUE COPY OF THE PRINT OUT FROM OFFICIAL GOVERNMENT WEBSITE SHOWING FINAL FAIR VALUE OF LAND PUBLISHED BY RDO. EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 03.01.2013 IN WPC 31059 OF 2012.

EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 18.12.2014 IN WPC NO.18780 OF 2013.

EXHIBIT P5: TRUE COPY OF THE APPLICATION DATED 19.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6: TRUE COPY OF THE ORDER DATED 15.07.2015 IN CCC NO.921 OF 2015.

EXHIBIT P7: TRUE COPY OF THE IA.NO.9599 OF 2015 WAS FILED ON BEHALF OF THE RESPONDENT SEEKING EXTENSION OF TIME FIXED IN EXHIBIT P4. EXHIBIT P8: TRUE COPY OF THE ORDER BEARING NO.C4-2340/2015 DATED 22.07.2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A. MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C) No. 24909 of 2015 -------------------------------------- Dated this the 17th day of September, 2015.

JUDGMENT

The petitioner's application for Clause 6 of the Kerala Land Utilisation Order has been considered by the second respondent as per Ext.P8. This was considered pursuant to the direction of this Court in W.P.(C) No.18780 of 2013. 2.

The District Collector granted permission under Clause 6 of the Kerala Land Utilisation Order. However, one of the conditions stipulated in the order is that the petitioner shall not alienate the land for a period of ten years. It is to be noted that the Land Utilisation Order is issued under the Essential Commodities Act. The purpose of Essential Commodities Act is to ensure the availability of the food crops. It has nothing to do with the power being conferred upon the authority to infringe upon the right or interest of the person in respect of the property. The object of Land Utilisation Order is to control the activity in respect of the land for the purpose of

W.P.(C) No. 24909 of 2015 -2the Essential Commodities Act. Therefore, imposition of condition in the nature of restraining alienation is unsustainable.

Therefore, the writ petition is disposed of and condition No.(2) in Ext.P8 is set aside.

Sd/- A. MUHAMED MUSTAQUE JUDGE Scl.