Kerala High Court
Kavita Madhavan vs The Revenue Divisional Officer ... on 18 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. 16122 of 2017 (M)
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PETITIONER(S):
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KAVITA MADHAVAN
D/O.ANJAT RAVINDRA MADHAVAN, AGED 45 YEARS,
RESIDING AT P3, DOOR NO.28/185/59, MAYA HEIGHTS,
THIRUVAMBADY P.O., PATTURAIKKAL DESOM, THRISSUR VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER (R.D.O.)
THRISSUR, THRISSUR DISTRICT-680001.
2. THE DISTRICT COLLECTOR
THRISSUR DISTRICT-680001.
3. THE LOCAL LEVEL MONITORING COMMITTEE
AVANOOR, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
AVANOOR, THRISSUR DISTRICT-680001.
4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE
THRISSUR DISTRICT, REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO), THRISSUR,
THRISSUR DISTRICT-680001.
5. KERALA STATE REMOTE SENSING AGENCY AND ENVIRONMENT
CENTRE (KSRSEC)
VIKAS BHAVAN, C.BLOCK, THIRUVANANTHAUPRAM,
KERALA-695033, REPRESENTED BY THE DIRECTOR.
6. THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
7. THE VILLAGE OFFICER
VELAPPAYA VILLAGE, THRISSUR DISTRICT-680001.
BY GOVERNMENT PLEADER SRI.RAJASEKHARAN NAIR
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. 16122 of 2017 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 18-4-2017 ISSUED BY
THE SEVENTH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK IN
CONNECTION WITH THE PROPERTY OF PETITIONER.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 28-4-2017 SUBMITTED
BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER THE PROVISIONS OF
THE KERALA LAND UTILIZATION ORDER, 1967.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE
COURT DATED 10-4-2017 IN WPC NO.12764/2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 21-2-2017 IN WPC
NO.34457 OF 2016.
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.ATO JUDGE
DEVAN RAMACHANDRAN, J.
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W.P.(C).No.16122 of 2017
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Dated this the 12th day of May, 2017
J U D G M E N T
The petitioner alleges that he has 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 petitioner in this writ petition as Exhibit P3. The petitioner alleges 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 P3 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.16122 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 P3 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.16122 of 2017