High Court of KeralaWP(C)/26696/2015disposed of

V.K.Muhammed Ashraf v. The Revenue Divisional Officer

2015-09-04Honourable Mr. Justice A.Muhamed Mustaque3 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. 26696 of 2015 (J) --------------------------------------- PETITIONER(S):

---------------------- V.K.MUHAMMED ASHRAF, AGED 55 YEARS, S/O MUHAMMED, V.K. HOUSE EDAYOOR P.O., MALAPPURAM DISTRICT, PIN-676554. DIRECTOR ROSETTA BUILDERS AND DEVELOPERS PVT.LTD., F.4, CHORUS, KOCHAR ROAD, SHASTHAMANGALAM P.O.

THIRUVANANTHAPURAM-695010.

BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER, TIRUR-676101.

2. THE VILLAGE OFFICER, VILLAGE OFFICE, VAZHAYOOR, MALAPPURAM DISTRICT-673633.

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

WP(C).No. 26696 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE DOCUMENT NO. 1597/11 OF SRO, KONDOTTY EXHIBIT-P2-TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY EXHIBIT-P3-TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK. EXHIBIT-P4-TRUE COPY OF THE APPLICATION DATED 26/06/2015 SUBMITTED UNDER CLAUSE 6 (2) OF THE KERALA LAND UTILISATION ORDER, 1967. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J ---------------------------------------------------------- W.P.(C).No. 26696 of 2015 ---------------------------------------------------------- Dated this the 04th day of September, 2015

JUDGMENT

The petitioner approached the 1st respondent as per Clause 6(2) of the Kerala Land Acquisition Order. Ext.P4 is the application.

2. According to the petitioner, this land referred in Ext.P4 application is a converted land much before the Act 28/2008.

3. This Court is of the view that the Revenue Divisional Officer shall consider Ext.P4 application, after calling for a report from the Agricultural Officer regarding the status of the property under the Draft Data Bank required under the Act 28/2008. If the property is not treated as a paddy or wet land under the Act 28/2008, necessarily, the application shall be considered in accordance with law as expeditiously as possible within a period of two months after issuing notice to the petitioner.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr