High Court of KeralaWP(C)/37426/2015disposed of

Joy Thaikkadan v. The Revenue Divisional Officer, Thrissur

2015-12-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 37426 of 2015 (C) ---------------------------- PETITIONER :

------------------ JOY THAIKKADAN, S/O.DEVASSY, AGED 54 YEARS, THAIKKADAN HOUSE, MADKKATHARA P.O., MADAKATHARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENTS :

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

1. THE REVENUE DIVISIONAL OFFICER, THRISSUR THRISSUR DISTRICT, PIN 680001.

2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT - 680001.

R1 & R2 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37426 of 2015 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF THE PETITIONER DATED 30.9.2014 ISSUED BY THE VILLAGE OFFICER, MADAKKATHARA VILLAGE.

P2:- TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATED BANK ISSUED BY THE AGRICULTURAL OFFICE, MADAKKATHARA.

P3:- TRUE COPY OF THE APPLICATION DATED 27.11.2015 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 bp

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.37426 of 2015 ****************************************************************************** Dated this the 10th 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 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 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