Kerala High Court
Premchand V vs The Revenue Divisional Officer/ Sub ...
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
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
WP(C).No. 11603 of 2018
PETITIONER(S):
PREMCHAND V.
S/O K.VISWAMBHARAN, CHARUVILAYIL HOUSE,
KARUVATTA, ADOOR P.O. PATHANAMTHITTA DISTRICT, PIN-691 523
BY ADVS.SRI.P.K.SOYUZ
SRI.JELSON J.EDAMPADAM
RESPONDENT(S):
1. THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR
RDO OFFICE, ADOOR P.O.
PATHANAMTHITTA DISTRICT, PIN-691 523
2. THE LOCAL LEVEL MONITORING COMMITTEE
ADOOR MUNICIPALITY, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BAHVAN, ADOOR, ADOOR P.O.
PATHANAMTHITTA DISTRICT, PIN- 691 523
3. THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ADOOR, ADOOR P.O.
PATHANAMTHITTA DISTRICT ,PIN- 691 523
4. THE VILLAGE OFIFCER
PERINGANAD VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN-691 523
R BY GOVERNMENT PLEADER SRI. MANU RAJ K.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11603 of 2018 (A)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 05-02-18
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED BY
THE 2ND RESPONDENT
EXHIBIT P3 TRUE PHOTOGRAPHS OF THE LAND OWNED BY THE PETITIONER
EXHIBITP4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4(A) TRUE COPY OF THE RECEIPT DATED 23-08-17 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE G.O(ORDINARY) NO.4592/17 DATED 31-10-17
EXHIBITP6 TRUE COPY OF THE APPLICATION DATED 20-03-18 SUBMITTED BEFORE
THE 1ST RESPONDENT UNDER CLAUSE 6 OF KLUO
EXHIBITP6(A) TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED
21-03-08
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.11603 OF 2018 (A)
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Dated this the 4th day of April, 2018
JUDGMENT
The petitioner has preferred Ext.P4 application before the 2 nd respondent, seeking a deletion of his land comprising of 1.50 ares [3.70 cents) of property in Re.Sy.No.187/2 in Block No.10 of Peringanad Village, Adoor Taluk from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P6 application before the 1st respondent for passing appropriate orders under Clause 6 of the Kerala Land Utilisation Order. The limited prayer is for a direction to the 1st and 2nd respondents to consider and pass orders on the applications preferred by the petitioner, expeditiously, after hearing the petitioner.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the 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.11603/2018 2 with the following directions:
(i) The 2nd respondent shall consider and pass orders on Ext.P4 application preferred by the petitioner, in the light of Ext.P5 G.O., within a period of three months from the date of receipt of a copy of this judgment, if need be, after hearing the petitioner.
(ii) In the event of the 2nd respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 1st respondent shall consider Ext.P6 application preferred by the petitioner for conversion of user of the said land, and pass orders thereon within a period of one month from the date of production of the order of the 2nd respondent, before him.
(iii) The petitioner shall, in the event of receipt of the order from the 2nd respondent, and the order from the 1st respondent permitting conversion under the KLU Order, 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.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/4/4/18