High Court of KeralaWP(C)/34924/2015disposed of

Shihab v. State Of Kerala

2015-11-19Honourable Mr. Justice A.Muhamed Mustaque3 pages

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. 34924 of 2015 (M) ---------------------------- PETITIONER:

------------------- SHIHAB, AGED 36 YEARS, S/O ABOOBACKAR, NAREECKAMATTAM HOUSE, ASHAMANNOOR P.O., ERNAKULAM DISTRICT-673594.

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

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

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, KRISHI BHAVAN, ASHAMANNOOR-683549.

BY GOVERNMENT PLEADER 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:

mbr/

WP(C).No. 34924 of 2015 (M) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

TRUE COPY OF LETTER NO.AMR 18/2015-16 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 PETITIOENR BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34924 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