High Court of KeralaWP(C)/37173/2015disposed of

Prince Varkey 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. 37173 of 2015 (V) ---------------------------- PETITIONER :

---------------------- PRINCE VARKEY S/O. VARKEY, AGED 46 YEARS KARAKOMBIL HOUSE KOTHAMANGALAM VILLAGE CHELAD P.O., KOTHAMANGALAM TALUK ERNAKULAM DISTRICT.

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

---------------------------- 1.

THE REVENUE DIVISIONAL OFFICER (R.D.O.) MUVATTUPUZHA, ERNAKULAM DISTRICT - 682 301.

THE DISTRICT COLLECTOR ERNAKULAM DISTRICT - 682 030.

R1 & R2 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 37173 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE TAX RECEIPT OF THE PROPERTY OF THE PETITIONER DATED 16.11.2015 ISSUED BY THE VILLAGE OFFICER, KOTHAMANGALAM VILLAGE.

EXT.P2 COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK ISSUED BY THE VILLAGE OFFICER, KOTHAMANGALAM VILLAGE.

EXT.P3 COPY OF THE APPLICATION DATED 2.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.37173 of 2015 ****************************************************************************** Dated this the 8th day of December, 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 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 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