High Court of KeralaWP(C)/29049/2015disposed of

Jose Kurian 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. 29049 of 2015 (E) PETITIONER(S):

-------------------------- JOSE KURIAN, AGED 69 YEARS, S/O.KURIAN VAREETH, PALATHURUTH KODIAN HOUSE, CHENNAMANGALAM P.O., ERNAKULAM DSITRICT-683 513.

BY ADVS.SRI.AVANEESH KOYIKKARA SRI.LINDONS C.DAVIS RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT COLLECTOR, ERNAKULAM-682 030.

3. AGRICULTURAL OFFICER & CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, PUTHENVELIKKARA-683 594. R 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. 29049 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF LETTER DATED 13.08.2015 ALONG WITH RELEVANT PAGES OF DATA BANK REGISTER ISSUED BY THE 3RD RESPONDENT. EXT.P2: TRUE APPLICATION AS PER KLU ORDER DATED 04.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM. RESPONDENT(S)' EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

W.P.(C).No.29049 of 2015 ---------------------------------------- Dated this the 25th day of September, 2015

JUDGMENT

The petitioner claims to be the owner and possession of 30.15 ares of land comprised in Re Survey No.171/3-3 of Putenvelikkara village in Ernakulam District.

2. According to the petitioner this land is not included in draft data bank. It is stated by the petitioner this land is converted land before the commencement of the Act 2008. The petitioner has approached the 2nd respondent District Collector to utilise the land for other purposes under Clause 6 of Kerala Land utilisation Order, 1967.

3. This Court is of the view that the petitioner's application under Clause 6 shall be considered by the District Collector. The District Collector shall call for a report of the Agricultural Officer to find out whether the land is included in the draft data bank. If not included in draft data bank, then necessary order shall be passed

W.P.(C).No.29049 of 2015 under Clause 6 of Kerala Land utilisation Order. Needful shall be done within two months after issue notice to the petitioner.

The writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE JUDGE