High Court of KeralaWP(C)/27644/2015disposed of

Thomas Kurian v. District Collector

2015-09-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27644 of 2015 (E) ------------------------------------------ PETITIONER(S) :

------------------------- THOMAS KURIAN, S/O.KURIYAN, AGED 61 YEARS, THEKKEDATHE PEEDIKAYIL HOUSE, CHANGANGARI P.O, EDATHUA, ALAPPUZHA.

BY ADVS.SRI.R.ROHITH SRI.SAYED MURTHALA THANGAL RESPONDENT(S) :

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

1. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA- 688 001.

2. SUB COLLECTOR, COLLECTORATE, ALAPPUZHA- 688 001.

3. VILLAGE OFFICER, EDATHUA VILLAGE, ALAPPUZHA- 688 005.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 27644 of 2015 (E) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

A TRUE COPY OF THE REPORT DATED 25.02.2015 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P2:

A TRUE COPY OF THE LETTER DATED 23.03.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P3:

A TRUE COPY OF THE REPRESENTATION DATED 09.09.2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.27644 of 2015 ****************************************************************************** Dated this the 14th day of September, 2015

JUDGMENT

The petitioner approached the first respondent under Clause 6 of the Kerala Land Utilisation Order (for short, the "Order"). The petitioner claims that he is the owner in possession of the lands comprised in Survey Nos.362/5-1 and 363/1-1 in Edathua Village. The petitioner submits that these lands were converted much before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008.

This Court is of the view that the petitioner's application under Clause 6 of the Order shall be considered by the first respondent after verifying the data bank and also after obtaining a report from the Agriculatural Officer. Needful shall be done by the first respondent 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 ln