P.M Alavi Haji v. The Revenue Divisional Officer,Perinthalmanna 679 321

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 33304 of 2015 (K) ---------------------------- PETITIONER:

------------------- P.M ALAVI HAJI, AGED 65 YEARS, S/O.MOIDHEENKUTTY HAJI, PULLIYIL MADASSERY HOUSE, ALATHOORPADY, MELMURI P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT:

--------------------- THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA - 679 321.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33304 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P-1:

TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MELMURI DATED 5.10.2015.

EXT.P-2:

TRUE COPY OF THE APPLICATION DATED 12.10.2013. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.33304/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd Day of November, 2015

J U D G M E N T

The writ petition is filed seeking for a direction to the Revenue Divisional Officer to consider and pass orders on Ext.P2 after adverting to Ext.P1 report. Petitioner's case is that he is the absolute owner and in possession of 0.0526 hectares of land in Re-survey No.2084 in Block No.Q13 of Melmuri Village covered by document No.1337/1927 and 0.235 hectares of land in Re-survey No.2084 of the same Village covered by document No.1678/2007 of SRO, Malappuram. It is evident from Ext.P1 report of the Village Officer that the land in question is a converted land as per draft data bank. 2.

It is admitted by the learned Government Pleader that this is noted as converted land in the Draft Data Bank.

3.

The Revenue Officials have no power to correct the entry in the Basic Tax Register. This Court is of the view that the petitioner shall approach the respondent under clause 6 of the Kerala Land Utilisation Order, 1967 (for short, "KLUO"). The respondent shall consider the request of the petitioner to utilise the land for other purposes on the basis of clause 6 of KLUO. Needful shall be

W.P.(C).No.33304/2015 -:2:- done within a period of two months from the date of receipt of the application of the petitioner under KLUO.

The writ petition is disposed of as above. No costs. Sd/- (A.MUHAMED MUSTAQUE, JUDGE) ms