High Court of KeralaWP(C)/37160/2015disposed of

Paul v. The Revenue Divisional Officer

2015-12-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WP(C).No. 37160 of 2015 (T) ---------------------------- PETITIONER :

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1. PAUL, S/O. DEVASY, AGED 29 YEARS, NELLISSERY HOUSE, PULLAZHY P.O. OLARIKKARA, THRISSUR DISTRICT.

2. RAPHY ANTONY S/O. ANTONY, AGED 56 YEARS, PONTHEKKAN HOUSE, CHIYARAM, THRISSUR DISTRICT. BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS :

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1. THE REVENUE DIVISIONAL OFFICER, TIRUR - 680581.

2. THE VILLAGE OFFICER, VILLAGE OFFICE, OLLUR, THRISSUR DISTRICT - 680306.

R1 & R2 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37160 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF DOCUMENT NO. 5564/2004 OF SRO KUTTANELLUR. P2:

COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE R2 DT 28/9/2015. P3:

COPY F THE LAND TAX RECEIPT ISSUED BY THE R2 DT 20/6/2015. P4:

COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER. P5:

COPY OF THE RELEVANT PAGES OF THE DATA BANK.

P6:

COPY OF THE APPLICATION DT 22/9/2015 SUBMITTED UNDER CLAUSE 6(2) OF THE KERALA LAND UTILISATION ORDER, 1967.

RESPONDENT'S EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.37160 of 2015 ****************************************************************************** Dated this the 8th day of December, 2015

JUDGMENT

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

The petitioners 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 petitioners, 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 petitioners is a paddy or wet land under the Act 28/2008. If the land is not classified as above, necessarily, the application of the petitioners 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 petitioners.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln