Kerala High Court
Mr. M.J. Francis vs State Of Kerala on 21 February, 2017
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 16TH DAY OF MAY 2017/26TH VAISAKHA, 1939
WP(C).No. 16349 of 2017 (P)
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PETITIONER(S):
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1 MR. M.J. FRANCIS,
S/O JOSEPH, MUKKADAYAIL HOUSE,
6505, T.D. ROAD, MAHARAJAS COLLEGE,
ERNAKUALM-682035.
2 MRS. ELIZABETH FRANCIS,
W/O M.J. FRANCIS, MUKKADAYIL HOUSE,O,
KOVILVATTOM ROAD, MAHARAHAS COLLEGE,
ERNAKULAM-682035.
3 MR. JEFFERSON FRANCIS,
S/O M.J. FRANCIS, MUKKADAYAIL HOUSE,O,
KOVILVATTOM ROAD, MAHARAJAS COLLEGE,
ERNAKULAM-682035.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT(S):
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1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION BUILDING,
KAKKANAD, ERNAKULAM-682030.
3 THE TAHASILDAR,
KANAYANUR TALUK OFFICE,
ERNAKULAM-682313.
4 THE VILLAGE OFFICER,
ELAMKULAM VILLAGE,
MIG 20, GANDHINAGAR RD,
KADAVANTHARA
MIG AND HIG COLONY,
GANDHI NAGAR, KADAVANTHRA,
ERNAKULAM, KERALA-682020.
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WP(C).No. 16349 of 2017 (P)
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5 THE LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY THE CONVENOR,
THE AGRICULTURAL OFFICER,
VYTTILA JUNCTION, VYTTILA,
KOCHI, KERALA-682019.
BY GOVERNMENT PLEADER SRI. S. KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16-05-2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C).No. 16349 of 2017 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPIES OF THE LAND TAX RECEIPT REMITTED BY THE
PETITIONERS FOR THE YEAR 2017-2018
P2 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE GROUND
REALITIES OF THE PETITIONER'S PROPERTY
P3 TRUE COPIES OF THE POSSESSION CERTIFICATES SHOWING
THE PETITIONERS PROPERTY AS NILAM
P4 TRUE COPY OF THE DATA BANK SHOWING THE PETITIONER'S
PROPERTIES AS CONVERTED LAND BEFORE 2008
P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED
21.02.2017 ISSUED BY THE COCHIN MUNICIPAL
CORPORATION
P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE
2ND RESPONDENT
P7 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED
11.05.2017 ISSUED BY THE 2ND RESPONDENT
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY
P.S. TO JUDGE
EL
DEVAN RAMACHANDRAN, J.
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W.P.(C)No.16349 of 2017
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Dated this the 16th day of May, 2017
JUDGMENT
The petitioners allege that they have invoked the statutory jurisdiction of the competent Authority under Clause 6 of the Kerala Land Utilisation Order (KLU Order). The said application has been produced by the petitioners in this writ petition as Exhibit P6. The petitioners allege that the said application is yet to be considered by the Authorities and that delay in consideration of the same is prejudicing them irreparably.
2. I notice that Exhibit P6 application is stated to be pending before the competent Authority under the KLU Order. It is the statutory function vested on the competent authority by the specific provisions of the KLU Order. In such circumstances, I see no impediment in the competent authority under the KLU Order in taking up the application and considering the same.
3. I notice that, it is the specific case of the petitioners that their property was re-claimed prior to 2008 and that it has been included in the data bank showing the conversion to be prior to 2008. They have produced Exhibit P4 extract of the said data bank in support of their assertion. If this is so, obviously, the competent Authority under the KLU Order is statutorily obligated to W.P.(C)No.16349/2017 ..2..
consider the application in terms of the judgment of the Hon'ble Supreme Court in Revenue Divisonal Officer v. Jalaja Dileep (2015 (1) KLT 984).
4. I, therefore, direct the competent Authority under the KLU Order, before whom Exhibit P6 application is pending, to consider the same and issue appropriate orders thereon including to re-assess the property as a converted land in strict compliance with all the imperative and mandatory requirements and procedural prescriptions contained in the KLU order. This exercise shall be completed by the competent Authority not later than two months from the date of receipt of a copy of this judgment.
The writ petition is ordered as above. In the facts and circumstances of the case, I make no order as to costs and the parties are directed to suffer their respective costs.
Sd/-
DEVAN RAMACHANDRAN, JUDGE skj True copy P.A. to Judge