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High Court of KeralaWP(C)/26700/2015disposed of

Jaseentha Johnson 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. 26700 of 2015 (J) --------------------------------------- PETITIONER(S):

---------------------- JASEENTHA JOHNSON, AGED 64 YEARS, W/O.JOHNSON, VELLANIKKARAN HOUSE, KUTTANELLUR P.O. THRISSUR DISTRICT, PIN - 680 006.

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

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

1. THE REVENUE DIVISIONAL OFFICER, THRISSUR - 680 001.

2. THE TAHSILDAR, TALUK OFFICE, IRINJALAKUDA - 680 121.

3. THE VILLAGE OFFICER, VILLAGE OFFICE, IRINJALAKUDA - 680 121.

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. 26700 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF DOCUMENT NO.2268/2006 OF S.R.O., IRINJALAKUDA. EXT.P-2: TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE THIRD RESPONDENT EXT.P-3: TRUE COPY OF DOCUMENT NO.1205/2007 OF S.R.O., IRINJALAKUDA. EXT.P-4: TRUE COPY OF THE LAND TAX RECEIPT DATED 1.9.2014 ISSUED BY THE THIRD RESPONDENT EXT.P-5: TRUE COPY OF THE CERTIFICATE ISSUED BY THE THIRD RESPONDENT EXT.P-6: TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 20.8.2011 EXT.P-7: TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK. EXT.P-8: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

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

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J ---------------------------------------------------------- W.P.(C).No. 26700 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.P8 is the application.

2. According to the petitioner, this land referred in Ext.P8 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.P8 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