Kerala High Court
Gogy John vs The Revenue Divisional Officer (R.D.O) on 19 April, 2017
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF MAY 2017/22ND VAISAKHA, 1939
WP(C).No. 15868 of 2017 (G)
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PETITIONER(S):
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1. GOGY JOHN
S/O. K.A. JOHN, AGED 49 YEARS,
KADUMKEERIL, THAMARASSERY P.O.,
RAROTH VILLAGE, THAMARASSERY TALUK,
KOZHIKKODE DISTRICT.
2. BINDU MARY PAUL,
W/O. GOGY JOHN, AGED 46 YEARS,
KADUMKEERIL HOUSE,
THAMARASSERY P.O.,
RAROTH VILLAGE, THAMARASSERY TALUK,
KOZHIKKODE DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER (R.D.O)
KOZHIKKODE,
KOZHIKKODE DISTRICT - 673 573.
2. THE DISTRICT COLLECTOR,
KOZHIKKODE DISTRICT - 673 573.
3. THE LOCAL LEVEL MONITORING COMMITTEE,
THAMARASSERY,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER,
KRISHI BHAVAN,THAMARASSERY,
KOZHIKKODE DISTRICT - 673 573.
4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
THRISSUR DISTRICT,
REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO),
KOZHIKKODE, KOZHIKKODE DISTRICT - 673 573.
5. KERALA STATE REMOTE SENSING AGENCY AND ENVIRONMENT
CENTRE (KSRSEC),
VIKAS BHAVAN, C.BLOCK,
THIRUVANANTHAPURAM,
KERALA - 695 033 REPRESENTED BY THE DIRECTOR.
WP(C).No. 15868 of 2017 (G)
6. THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
7. THE VILLAGE OFFICER,
RAROTH VILLAGE,
KOZHIKKODE DISTRICT - 673 573.
BY GOVERNMENT PLEADER SMT.RAJI.P.BHASKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15868 of 2017 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 19.04.2017 ISSUED
BY THE SEVENTH RESPONDENT IN CONNECTION WITH THE PROPERTY OF FIRST
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 19.04.2017 ISSUED
BY THE SEVENTH RESPONDENT IN CONNECTION WITH THE PROPERTY OF SECOND
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK IN
CONNECTION WITH THE PROPERTY OF PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY OF
PETITIONERS.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED
20.05.1995.
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 23.03.2017
SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER THE
PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE
COURT DATED 10.04.2017 IN W.P.C NO. 12764/2017.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 21.02.2017 IN W.P.C
NO. 34457 OF 2016.
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.A TO JUDGE
DEVAN RAMACHANDRAN, J.
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W.P.(C).No.15868 of 2017
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Dated this the 12th day of May, 2017
J U D G M E N T
The petitioners allege that they have invoked the statutory jurisdiction of the competent authority under Section 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 him 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 -2- W.P.(C).No.15868 of 2017 competent authority under the KLU Order in taking up the application and considering the same.
3. 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 in strict compliance with all the imperative and mandatory requirements and procedural prescriptions therein. 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 mns/12.05.17 -3- W.P.(C).No.15868 of 2017