Kerala High Court
Ruby Soney vs State Of Kerala on 17 November, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
WP(C).No. 29636 of 2012 (D)
---------------------------
PETITIONER(S):
-----------------------
RUBY SONEY,
W/O. LATE SONEY THOMAS, VETTOOR HOUSE,
ETTUMANOOR P.O, KOTTAYAM.
BY ADVS. SRI.ROY CHACKO,
SRI.P.S.GEORGE.
RESPONDENT(S):
-------------------------
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM - 686 562.
3. THE TAHSILDAR,
KOTTAYAM - 686 562.
4. THE VILLAGE OFFICER,
ATHIRAMPUZHA, ATHIRAMPUZHA P.O., 686 562.
5. THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ATHIRAMPUZHA,
KOTTAYAM - 686 562.
BY GOVT. PLEADER MR.P.K. SOYUZ.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-12-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 29636 of 2012 (D)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT-P1- TRUE COPY OF THE TAX RECEIPT DATED 17/11/2012 ISSUED BY
THE VILLAGE OFFICER, ATHIRAMPUZHA.
EXHIBIT-P2- TRUE COPY OF THE CERTIFICATE DATED 08/09/2009 ISSUED BY
THE AGRICULTURE OFFICER.
EXHIBIT-P3- TRUE COPY OF THE CHALAN RECEIPT DATED 14/05/2009.
EXHIBIT-P4- TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK
OF ATHIRAMPUZHA VILLAGE.
EXHIBIT-P5- TRUE COPY OF THE APPLICATION DATED 05/12/2012 FILED
BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
T.R. RAMACHANDRAN NAIR, J.
---------------------------------------
W.P.(C) No.29636 OF 2012
---------------------------------------
Dated this the 17th day of December, 2012.
J U D G M E N T
This writ petition is filed by the petitioner seeking for a direction to the Revenue Divisional Officer to pass orders on the application filed under the Kerala Land Utilisation Order, a true copy of which is produced as Ext.P5.
2. The petitioner is in possession of 31.20 Ares of land in resurvey No.512/15 Block No.28 of Athirampuzha Village. The contention raised is that the said property has transformed into dry land and it is unfit for paddy cultivation and the petitioner seeks for permission to utilise the property for the purpose other than paddy cultivation.
3. Learned counsel for the petitioner submits that since the Kerala Land Utilisation Order is in force, the application filed by the petitioner is maintainable especially in the light of the decision of a Division Bench of this Court in Praveen vs. Land Revenue Commissioner (2010 (2) KLT 617). W.P.(C) No.29636/2012 2
Heard the learned Government Pleader also. It is upto the Revenue Divisional Officer to consider the matter in accordance with law. Appropriate decision will be taken, after notice to the petitioner, within a period of two months from the date of production of a certified copy of this judgment along with a copy of the writ petition, by the petitioner.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp