Kerala High Court
N.R.Jayaram vs The Reveneu Divisional Officer on 11 September, 2017
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939
WP(C).No. 8034 of 2018
PETITIONER(S):
N.R.JAYARAM
S/O. RAMACHANDRA SARMA, AGED 72, CHAIRMAN, SAKTHAN
THAMPURAN COLLEGE & JAYARAM EDUCATION CENTER PRIVATE
LTD., M.G.ROAD, KARIKKAKATHU LINE, TRISSUR.
BY ADVS.SRI.JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENT(S):
1. THE REVENEU DIVISIONAL OFFICER,
PALAKKAD, PIN - 678 001.
2. THE LOCAL LEVEL MONITORING COMMITTEE FOR PALAKKAD
MUNICIPALITY CONSTITUTED UNDER THE CONSERVATION OF PADDY AND
WETLAND ACT, REPRESENTED BY ITS CONVENER, THE
AGRICULTURAL OFFICER, PALAKKAD - 678 001.
R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 8034 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.09.2017
RELATING TO THE PLOT ISSUED BY THE VILLAGE OFFICER, PALAKKAD III VILLAGE.
EXHIBIT P2 A TRUE COPY OF THE REPORT RECEIVED FROM THE
AGRICULTURAL OFFICER KRISHI BHAVAN, PALAKKAD MUNICIPALITY.
EXHIBIT P3 A TRUE COPY OF THE KLU ORDER OBTAINED BY THE
PREDECESSOR OF THE PLOT OF THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE KLU ORDER RELATING TO THE PLOT OBTAINED BY
THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE KLU APPLICATION SUBMITTED BY THE PETITIONER
BEFORE THE RDO PALAKKAD DATED 08.03.2018.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.8034 OF 2018 (D)
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Dated this the 9th day of March, 2018
JUDGMENT
The petitioner has preferred Ext.P5 application before the 1 st respondent, seeking an order under Clause 6(2) of the Kerala Land Utilisation Order in respect of his land comprising of an extent of 0.1963 hectors of property in old Sy.No.4057, Block 5/87 in Palakkad III Village, Palakkad Municipality. The petitioner has produced Ext.P2 certificate from the Agricultural Officer to indicate that the land is not included in the Land Data Bank prepared for the region. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P5 application, expeditiously, after hearing him.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the official respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition W.P.(C).No.8034/2018 2 with a direction to the 1st respondent to consider and pass orders on Ext.P5 application, preferred by the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall, in the event of receipt of the order from the 1st respondent permitting conversion under the KLU Order, together with Ext.P2 certificate from the Agricultural Officer, produce copies of the same before the Land Tax Authorities, for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 1st respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/9/3/18