Ethappan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A. MUHAMED MUSTAQUE THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 34923 of 2015 (M) ---------------------------- PETITIONER :

------------------ ETHAPPAN, AGED 59 YEARS, S/O OUSEPH, MULAVARICKAL HOSUE, PIRAROOR P.O., ERNAKULAM DISTRICT-683574.

BY ADVS.SRI.AVANEESH KOYIKKARA SRI.LINDONS C.DAVIS RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF AGRICULTURE, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DISTRICT COLLECTOR, ERNAKULAM - 682030.

3. AGRICULTURAL OFFICER & CONVENER, LOCAL LEVEL MONITORING COMMITTEE, MALAYATOOR-NEELESWARAM KRISHI BHAVAN, NEELEESWARAM, ERNAKULAM DISTRICT.

BY GOVERNMENT PLEADER SRI. SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34923 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF LETTER DATED 16.10.2015 ALONG WITH RELEVANT PAGES OF DATA BANK REGISTER ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2:

TRUE APPLICATION AS PER KLU ORDER DATED 4.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34923 of 2015 ****************************************************************************** Dated this the 19th day of November, 2015

JUDGMENT

The petitioner approached the second respondent under Clause 6 of the Kerala Land Utilisation Order, 1967(for short, the 'Order').

2.

The petitioner's case is that his land is a converted land much before the enactment of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 ( for short, the "Act 28/2008"). In view of the claim of the petitioner, the case shall be considered under Clause 6 of the 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 the Act 28/2008. If the land is not classified as above, necessarily, the application of the petitioner shall be considered under Clause 6 of the Order for utilizing other purpose. Needful shall be done 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/- A.MUHAMED MUSTAQUE, JUDGE ln