High Court of KeralaWP(C)/28945/2015disposed of

Thomas Varghese v. State Of Kerala

2015-09-25Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 28945 of 2015 (P) ---------------------------- PETITIONER :

------------------ THOMAS VARGHESE, AGED 65 YEARS, MANAGING DIRECTOR, GRACY SYNERGY HOMES PRIVATE LIMITED, PUTHENGADY, KOTTAYAM.

BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN SRI.RILGIN V.GEORGE SMT.E.U.DHANYA RESPONDENTS :

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

2. THE DISTRICT COLLECTOR, KOTTAYAM - 686002. BY GOVERNMENT PLEADER SRI. MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28945 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE RELAVENT PAGE OF DRAFT DATA BANK. P2:

COPY OF THE FAIR VALUE REGISTER.

P3:

COPY OF THE REPORT DT 3/12/2004 ISSUED BY THE PUNJA SPECIAL OFFICER.

P4:

COPY OF THE CERTIFICATE DT 4/1/2005 ISSUED BY ASSISTANT DIRECTOR OF AGRICULTURE, KOTTAYAM.

P5:

COPY OF THE APPLICATION DT 1/7/2015 SUBMITTED T R2. RESPONDENT'S EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C)No.28945 of 2015 ---------------------------------- Dated this the 25th day of September, 2015.

J U D G M E N T

The petitioner has approached the second 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 Kerala Land Utilisation Order by the second 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. The writ petition is disposed of as above.

MBS/ A.MUHAMED MUSTAQUE, Judge.

W.P.(C)No.27201 of 2015