Abdul Kareem v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 33467 of 2015 (G) ------------------------------------------- PETITIONER(S) :

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1. ABDUL KAREEM, S/O.MOHAMMED, ALANGATTUKARAN HOUSE, VADAMA VILLAGE, CHALAKUDY TALUK, MALA P.O.-680 732, THRISSUR DISTRICT.

2. RESEELA, D/O.ABDUL KAREEM, ALANGATTUKARAN HOUSE, VADAMA VILLAGE, CHALAKUDY TALUK, MALA P.O-680 732, THRISSUR DISTRICT. BY ADVS.SRI.M.H.HANIL KUMAR SMT.M.R.JAYALATHA SRI.M.R.DHANIL SMT.P.SREESHA RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-680 001.

2. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

3. THE VILLAGE OFFICER, VADAMA, VADAMA P.O., THRISSUR DISTRICT-680 732.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 33467 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- P1 :

A TRUE COPY OF THE PHOTOGRAPH SHOWING THE NATURE OF THE PROPERTY.

P2 :

A TRUE COPY OF THE SETTLEMENT DEED BEARING NO.1645/2007 DATED 22-05-2007.

P3 :

A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE THIRD RESPONDENT DATED 06-07-2015.

P4 :

A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 14-10-2015.

P5 :

A TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY. P6 :

A TRUE COPY OF THE SKETCH OF THE PROPERTY.

P7 :

A TRUE COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK ISSUED BY AGRICULTURAL OFFICER, KRISHI BHAVAN MALA.

P8 :

A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 28-10-2015.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

--------------------------------------- W.P.(C).No.33467 of 2015 ---------------------------------------- Dated this the 3rd day of November, 2015

JUDGMENT

The petitioner approached the second respondent Revenue Divisional Officer, Thrissur under Clause 6 of Land Utilization Order. Ext.P8 is the request. 2.

According to the petitioner, this is a converted land and it would not form part of any paddy nilam or wet land under Act 28 of 2008.

3.

This Court is of the view that Ext.P8 shall be considered by 2nd respondent after calling for report from the Agricultural Office, which shall be done within a period of 2 months after hearing the petitioner. Sd/- A.MUHAMED MUSTAQUE JUDGE //TRUE COPY// PA TO JUDGE avk