High Court of KeralaWP(C)/27423/2015disposed of

A.J.Johny v. District Collector, Ernakulam

2015-09-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 27423 of 2015 (C) ---------------------------- PETITIONER(S):

-------------------------- A.J. JOHNY, AGED 59 YEARS, S/O.A.V. JOHN, ALUNGAL HOUSE, CHILAVANNUR, KADAVANTHRA P.O., ERNAKULAM DISTRICT-682 020.

BY ADVS.SRI.R.ROHITH, SRI.SAYED MURTHALA THANGAL.

RESPONDENT(S):

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

1. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM-682 030.

2. VILLAGE OFFICER, VILLAGE OFFICE, MANAKUNNAM, UDYAMPEROOR, ERNAKULAM-682 307.

3. AGRICULTURAL OFFICER, KRISHI BHAVAN, UDAYAMPEROOR, ERNAKULAM-682 307.

BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 27423 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE BASIC TAX REGISTER OF LAND COMPRISED IN SURVEY NOS.90/7, 90/10, 90/9 ISSUED BY THE 2ND RESPONDENT. EXT.P2 COPY OF THE PAGE NO.12 OF THE DATA BANK ISSUED BY THE 3RD RESPONDENT.

EXT.P3 COPY OF THE NOTICE DATED 02/03/2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXT.P4 COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT. EXT.P5 COPY OF THE REPRESENTATION DATED 09/09/2015 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 27423 of 2015 ---------------------------------------- Dated this the 15th day of September, 2015

J U D G M E N T

The petitioner approached the first respondent/the District Collector under clause 6(2) of the Kerala Land Utilisation Order. Ext.P5 is the application preferred by the petitioner before the first respondent. In the light of the above application, the same shall be considered by the District Collector after verifying the nature of land from the draft Data Bank. If it is not classified as 'nilam' or wet land, appropriate orders shall be passed on the application in accordance with law, within a period of two months from the date of receipt of a copy of this judgment. Needless to say, notice shall be gone to the petitioner before passing final orders.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/