High Court of KeralaWP(C)/36965/2015disposed of

P.M.Raphel v. Revenue Divisional Officer

2015-12-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 WP(C).No. 36965 of 2015 (U) ---------------------------- PETITIONER :

--------------------- P.M. RAPHEL S/O. MATHEW, AGED 72 YEARS PAPPALY HOUSE, ASOKAPURAM ALUVA - 683 101.

BY ADVS.SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR CIVIL STATION, KAKKANAD, COCHIN - 682 030

2. THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, ERNAKULAM, PIN - 686 633.

R1 & R2 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 36965 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE REPORT OF THE VILLAGE OFFICER TO THE TAHSILDAR DATED 11/12/14.

EXT.P2 COPY OF THE APPLICATON SUBMITTED BY THE PETITIONER BEFORE DISTRICT COLLECTOR, ERNAKULAM DATED 17/11/2015. EXT.P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE REVENUE DIVISIONAL OFFICER, FORT KOCHI DATED 17/11/15.

EXT.P4 COPY OF THE REPORT SUBMITTED BY THE KEEZHUMAD VILLAGE OFFICER TO THE REVENUE DIVISIONAL OFFICER DATED 1/12/2015. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J.

-------------------------------------------------------------------------------------- W.P.(C) No.36965 of 2015 --------------------------------------------------------------------------------------- Dated this the 07th day of December, 2015

JUDGMENT

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

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

W.P.(C) No.36965 of 2015 -2purpose. 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 bpr