Mudita Trades Private Limited v. The Revenue Divisional Officer(R.D.O.)

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. 34954 of 2015 (T) ---------------------------- PETITIONER:

------------------- MUDITA TRADES PRIVATE LIMITED, REGISTERED OFFICE, AT DOOR NO. 40/2096, A&B, PEEVES TRITON, MARINE DRIVE, ERNAKULAM, REPRESENTED BY ITS SITE SUPERVISOR(SOBHA CITY), MR. MONU MOHANAN, S/O MOHANAN NAIR, AGED 30 YEARS, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER(R.D.O.), THRISSUR, THRISSUR DISTRICT-680 001.

2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT-680 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR 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. 34954 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1:

TRUE COPY OF THE CERTIFIED EXTRACTS FROM THE MINUTES FOR THE MEETING OF THE BOARD OF DIRECTORS OF PETITIONER HELD ON 3/6/15.

EXT.P2:

TRUE COPY OF THE TAX RECEIPT DT. 13/5/14 ISSUED BY THE VILLAGE OFFICER, KUTTOOR TO THE PETITIONER.

EXT.P3:

TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK OF KUTTOOR VILLAGE ISSUED BY THE VILLAGE OFFICER, KUTTOOR VILLAGE.

EXT.P4:

TRUE COPY OF THE APPLICATION DT. 1/10/15 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.34954 of 2015 ****************************************************************************** Dated this the 19th day of November, 2015

JUDGMENT

The petitioner approached the first respondent under Clause 6 of the Kerala Land Utilisation Order, 1967(for short, the 'Order'). 2.

The petitioner's case is that their 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 first 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