Kerala High Court
Lambochan Mathew vs The District Collector on 6 April, 2022
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 6TH DAY OF APRIL 2022 / 16TH CHAITHRA, 1944
WP(C) NO. 12746 OF 2022
PETITIONER:
LAMBOCHAN MATHEW,
AGED 61 YEARS
S/O. P.C. MATHEW, PANNIVELIL HOUSE, KADUTHURUTHY,
KOTTAYAM 686 604.
BY ADVS.
JELSON J.EDAMPADAM
SAJU JOHN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
KOTTAYAM, CIVIL STATION, KOTTAYAM 686 002.
2 THE REVENUE DIVISION OFFICER,
REVENUE DIVISIONAL OFFICE, PALA,
KOTTAYAM DISTRICT, 686 575.
3 THE VILLAGE OFFICER,
KADUTHURUTHY VILLAGE, KADUTHURUTHY,
KOTTAYAM DISTRICT, 686 604.
VINITHA B-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12746 OF 2022
2
JUDGMENT
This writ petition is filed seeking the following relief:
issue a writ of mandamus or any appropriate writ, order or direction directing the 1st respondent to consider and dispose of Ext.P2 application in the light of the Judgments in Alex P. Abraham V. Revenue Divisional Officer, 2021 (1) KLT 543 RDO V. Jalaja Dileep, Sivadasan V. Revenue Divisional Officer, 2017 (3) KLT 822, Renji K. Paul V. RDO Muvattupuzha, 2019 (2) KLT 262, and Geo Peter V. Revenue Divisional Officer, 2019 (3) KLT 839 or 2019 (4) KHC 400, and grant permission to utilize 12.29 Ares (30.36 cents) of land in Sy.No.945/3 and 970/1-2 in Kaduthuruthy Village covered by T P No.13154 and 9560 respectively of Kaduthuruthy Village for other purpose including construction of building, as per clause 6 of KLUO 1967.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 12.29 ares of land in Survey Nos.945/3 and 970/1-2 in Kaduthuruthy Village, Vaikom Taluk. It is submitted that the property is shown as nilam in the revenue records. Ext.P2 application under Section 3A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 was filed in the year 2016 as is evident from WP(C) NO. 12746 OF 2022 3 Ext.P3. It is submitted that the applications filed under Section 3 A are to be treated as applications under Clause 6 of the Kerala Land Utilisation Order and appropriate steps have to be taken in accordance with law. The learned counsel for the petitioner submits that Ext.P5 representation is also been submitted before the District Collector and that the same is liable to be considered in accordance with law.
Having heard the learned Government Pleader also, there will be a direction to the 1st respondent to take up Ext.P5 representation submitted by the petitioner and Ext.P2 application submitted by the petitioner which apparently is been received on 15.02.2016 and to consider and pass orders on the same, taking note of Ext.P4 judgment as well. Appropriate steps shall be taken within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C) NO. 12746 OF 2022 4 APPENDIX OF WP(C) 12746/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 01.09.2015 IN RESPECT OF THE PETITIONER'S PROPERTY.
Exhibit P2 TRUE COPY OF THE APPLICATION DATED 15.02.2016 Exhibit P3 TRUE COPY OF THE CHALAN DATED 15.02.2016.
EVIDENCING PAYMENT OF FEES IN RESPECT OF EXTS. P2.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
14940 OF 2020 IN ALEX P. ABRAHAM V. REVENUE DIVISIONAL OFFICER, 2021 (1) KLT 543. Exhibit P5 TRUE COPY OF THE REPRESENTATION IN RESPECT THE PROPERTY IN 945/3 AND 970/1-2