High Court of KeralaWP(C)/27207/2015disposed of

Shihabudheen Valiyapeediyekkal v. The District Level Authorized Committee

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. 27207 of 2015 (A) ---------------------------- PETITIONER :

----------------- SHIHABUDHEEN VALIYAPEEDIYEKKAL, AGED 40 YEARS, S/O.ABUNNI, VALIYAPEEDIYEKKAL HOUSE, VADAKKUMURI MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH RESPONDENTS :

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

1. THE DISTRICT LEVEL AUTHORIZED COMMITTEE, REPRESENTED BY THE REVENUE DIVISIONAL OFFICER, MALAPPURAM, PIN-676505.

2. THE LOCAL LEVEL AUTHORIZED COMMITTEE REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER OORNGATTIRI, MALAPPURAM DISTRICT, PIN-676505.

3. THE REVENUE DIVISIONAL OFFICER PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322. BY SPL. 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. 27207 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE ORDE DT 20/8/2015 ISSUED BY THE SECRETARY, OORNGATTIRI GRAMA PANCHAYATH.

P2:

COPY OF THE APPLICATIOND T 13/7/2015 SUBMITTED BY THE PETITIONER BEFORE THE R2.

P3:

COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER. RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.27207 of 2015 ---------------------------------- Dated this the 9th day of September, 2015.

J U D G M E N T

The petitioner has approached the 3rd respondent under Clause 6 of Kerala Land Utilisation Order.

2. The petitioner's case is that the above land is a converted land much before the enactment of Act 28/2008.

3. In view of the claim of the petitioner, the case shall be considered under Clause 6 of the Keala Land Utilisation Order by the 3rd respondent, after verifying the draft Data Bank to find out whether the property of the petitioner is a paddy or wet land under Act 28/2008. If the property is not classified as above, necessarily the application of the petitioner shall be considered under Clause 6 of KLU Order for utilising other purpose. Needful shall be done within a period of 2 months of receipt of copy of this judgment, after giving notice to the petitioner.

Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge