← Library
High Court of KeralaWP(C)/32584/2015disposed of

Geetha M. v. District Collector, Palakkad

2015-10-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32584 of 2015 (W) ---------------------------------------- PETITIONER(S):

----------------------- GEETHA M., AGED 40, W/O.GOPALAKRISHNAN, MOOSALATH GEETHANJALI, KULUKKALLUR, MULAYANKAVU, PALAKKAD 679 337.

BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, PALAKKAD, PIN - 679 337.

2. KULUKKALLUR GRAMA PANCHAYATH, KULUKKALLUR, PALAKKAD, REP. BY THE SECRETARY 679 337.

3. REVENUE DIVISIONAL OFFICER, PALAKKAD DISTRICT 679 337.

4. THE TAHASILDAR, PATTAMBI TALUK, PALAKKAD DIST. 679 337.

5. THE VILLAGE OFFICER, KULUKKALUR VILLAGE, PALAKKAD DIST. 679 337.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 32584 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - THE TRUE PHOTOCOPY OF THE TAX RECEIPT DATE 2.5.15 OF THE 5TH RESPONDENT P2 - THE TRUE PHOTOCOPY OF THE LOCATION CERTIFICATE DATED 29.9.15 P3 - THE TRUE PHOTOCOPY OF THE TITLE DEED NO.3765/1/03 OF SRO CHERUPLASSERY P4 - THE TRUE PHOTOCOPY OF THE RECEIPT DATED 30.9.2015 OF THE 2ND RESPONDENT P5 - THE TRUE PHOTOCOPY OF THE PLAN P6 - THE TRUE PHOTOCOPY OF THE LOCATION MAP OF THE 5TH RESPONDENT DATED 28.9.15 P7 - THE TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE 1ST RESPONDENT DATED 9.10.15 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 32584 of 2015 ================== Dated this the 27th day of October, 2015

J U D G M E N T

The petitioner is the owner of property having an extent of 19.50 Sy. No.446/6 of Kulukkallur Village. According to the petitioner, all the property is a dry land, however in the village record some portion of property is shown as nilam . The petitioner submitted an application (Ext.P7) under clause 6 of the Kerala Land Utilization Order to utilise the properties of the petitioner's for the other purposes.

2.

Heard the learned counsel for the petitioner and the learned Government Pleader.

3.

Considering the facts and circumstances, this Court is of the view that the 3rd respondent shall find out the nature of land in the Draft Data Bank. If the land referred above is not classified as paddy or wet land, the same shall be considered for the purpose of granting permission under the Clause 6 of the Kerala Land Utilization Order. Needful shall be done by the 3rd respondent

W.P.(C).No. 32584 of 2015 - : 2 :- within a period of two months from the date of receipt of a copy of this judgment, after issuing notice to the petitioner. The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE