Sheena Roy v. The Revenue Divisional Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37754 of 2015 (T) --------------------------------------- PETITIONER(S):

---------------------- SHEENA ROY, AGED 40 YEARS, W/O.ROY J VELLANIKKAREN, VELLANIKKARAN HOUSE, PLOT NO.214, 3RD STREET, HILL GARDENS, KUTTANELLOOR, THRISSUR DISTRICT.

BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER, THRISSUR-680001.

2. THE VILLAGE OFFICER, VILLAGE OFFICE, CHIYYARAM, THRISSUR-680015.

BY SPECIAL GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 37754 of 2015 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF DOCUMENT NO.4955/2014 OF SRO, THRISSUR. P2 :

TRUE COPY OF DOCUMENT NO.5804/2014 OF SRO, THRISSUR. P3 :

TRUE COPY OF THE LAND TAX RECEIPT DT 18-5-2015 ISSUED BY THE 2ND RESPONDENT.

P4 :

TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK IN RESPECT OF THE PROPERTIES COVERED BY EXHIBITS P1 AND P2. P5 :

TRUE COPY OF THE REQUEST DT 20-11-2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.37754 of 2015 ========================== Dated this the 14th day of December, 2015

JUDGMENT

The petitioner approached the 1st 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 1st 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 fthe petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/14/12/15