High Court of KeralaWP(C)/39742/2015disposed of

G.Mohanan v. State Of Kerala

2015-12-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39742 of 2015 (P) ---------------------------- PETITIONER:

---------- G.MOHANAN AGED 59 YEARS S/O GOPALAN ACHARI, CHITHRAM, TNRA-105 THIRUMULLAVARAM P O, KOLLAM -12 BY ADV. SRI.B.MOHANLAL RESPONDENTS:

-----------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001

2. THE DISRTRICT COLLECTOR COLLECTORATE, CUTCHERY PO, KOLLAM-691 013

3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, STADIUM COMPLEX, KOLLAM-691 001

4. THE TAHASILDAR TALUK OFFICE, KOLLAM-691 001

5. THE VILLAGE OFFICER KOLLAM WEST VILLAGE, KOLLAM-691 001

6. THE KOLLAM MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY-691 001 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR BY SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 39742 of 2015 (P) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- EXT.P1: THE TRUE COPY OF THE TAX RECEIPT DT. 15/5/15 ISSUED BY THE VILLAGE OFFICER , KOLLAM WEST VILLAGE TO THE PETITIONER FOR THE YEAR 15-16 EXT.P2: THE TRUE PHOTOGRAPH OF THE PROPERTY EXT.P3: TRUE COPY OF THE CERTIFICATE DT. 6/11/14 ISSUED BY THE 3RD RESPONDENT TO THE PETITIOENR EXT.P4: THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIOENR BEFORE THE 6TH RESPONDENT, ITS DETAILS AND RECEIPT EXT.P5: TRUE COPY OF THE APPLICATION 17/12/15 FILED BY THE PETITIONER FILED BEFORE THE 2ND RESPONDENT AND ITS POSTAL RECEIPT RESPONDENTS' EXHIBITS : NIL --------------------- //TRUE COPY// P.A.TO JUDGE sm

A. MUHAMED MUSTAQUE, J.

--------------------------------------------------------- W.P.(C).No. 39742 of 2015 --------------------------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner has approached the District Collector, Kollam, by Ext.P5 under clause 6 of the Kerala Land Utilisation Order, seeking a permission to utilise the converted paddy land for other purposes.

2. In view of the amended provisions of Section 3A of Act 28/2008, the District Collector has no power to entertain the request under clause 6 of the Kerala Land Utilisation Order. However, if the petitioner approaches the District Collector in terms of Section 3A of amended provisions of Act 28/2008 in a requisite form, the same shall be considered within one month from the receipt of such application.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr