High Court of KeralaWP(C)/35558/2015disposed of

Thomas v. Revenue Divisional Officer

2015-11-24Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 35558 of 2015 (T) --------------------------------------- PETITIONER(S):

----------------------- THOMAS, AGED 50 YEARS, S/O DEVASSY, KALLELI HOUSE, CHALAKUDY, THRISSUR DISTRICT.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S):

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

1. REVENUE DIVISIONAL OFFICER, O/O. REVENUE DIVISIONAL OFFICER, THRISSUR, PIN:680 003.

2. TAHSILDAR, TALUK OFFICE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN:680 121.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 35558 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER DATED 20.5.2014.

EXHBIT P2: TRUE COPY OF POSSESSION CERTIFICATE DATED 28.3.2015. EXHIBIT P3: PHOTOGRAPH SHOWING THE PETITIONERS PROPERTY. EXHIBIT P4: TRUE COPY OF THE ENTRY IN RESPECT OF PETITIONERS LAND IN THE DATA BANK.

EXHIBIT P5: TRUE COPY OF SAID JUDGMENT REPORTED IN 2015 (3) KHC 19. EXHIBIT P6: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER DATED 3.11.2015. EXHIBIT P7: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATD 3.11.2015.

EXHIBIT P8: TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYAT DATED 23.6.2015.

EXHIBIT P9: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.30065/2015 DATED 5.10.2015.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.35558 of 2015 ****************************************************************************** Dated this the 24th day of November, 2015

JUDGMENT

The petitioner approached the respondents 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 respondents, 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