Kerala High Court
Kareem A.K vs The District Collector on 30 November, 2015
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
FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939
WP(C).No. 39610 of 2017 (A)
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PETITIONER:
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KAREEM A.K,
S/O KUNJUMAMMI,
AGED 62 YEARS, ASRIPARAMBIL HOUSE,
CHALAKA, NORTH KUTHIYATHODU P.O,
PUTHENVELIKARA VILLAGE PIN 683 594.
BY ADVS.SRI.N.B.ANOOP
SMT.MINI.K.NAIR
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
ERNAKULAM PIN 682 011.
2. THE REVENUE DIVISIONAL OFFICER,
KOCHI PIN 682 001.
3. THE TAHSILDAR (LR),
NORTH PARAVOOR, ERNAKULAM
4. THE VILLAGE OFFICER, PUTHENVELIKKARA VILLAGE,
NORTH PARAVOOR ERNAKULAM PIN 683 512.
5. LOCAL LEVEL MONITORYCOMMITTE,
KUNNUKARA GRAMA PANCHAYATH (THE AGRICULTUREAL OFFICER,
KRISHI BHAVAN, KUNNUKARA) PIN 688 524.
6. KUNNUKARA GRAMA PANCHAYATH,
KUNNUKARA P.O, PIN 683578
ERNAKULAM REPRESENTED BY ITS SECRETARY.
R1TO R5 BY GOVERNMENT PLEADER SRI RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 39610 of 2017 (A)
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APPENDIX
PETITIONERS EXHIBITS:
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P1: TRUE COPY OF THE TAX REXEIPT DATED 30.11.2015.
P2; TRUE COPY OF THE DEALERS'S LICENCE ISSUED TO HIM
DATED 18.10.2004.
P3; TRUE COPY OF THE LICENCE ISSUED BY THE 6TH RESPONDENT
DATED 10.1.2005
P4: TRUE COPY OF THE CONSENT RENEWAL ORDER ISSUED BY THE KERALA
STATE POPULATION CONTROL BOARD DATED 21.2.2006 VALID
UP TO 31.12.2008.
P5; TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT
DATED 14.12.2015
P6; A COPY OF THE RELEVANT PAGES OF THE DATA BANK.
P7; A COPY OF THE APPLICATION FOR DATA BANK CORRECTION ALONG WITH
RECEIPT WITH RECEIPT DATED 22.8.2017.
P8: A COPY OF THE APPLICATION UNDER CLAUSE 6 OF THE KLU
DATED 23.8.2017.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C). No. 39610 of 2017(A)
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Dated this the 8th day of December, 2017
JUDGMENT
The petitioner has preferred Ext.P7 application before the 5th respondent, seeking a deletion of his land comprising of 64.47, 07.69, 11.33 and 10.92 cents (2.33 Acres in total) of property in Sy.Nos.91/10, 91/9B, 104/10 and 104/9 respectively of Puthenvelikara Village, Paravur Taluk from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P8 application before the 2nd respondent for passing appropriate orders under Clause 6 of the Kerala Land Utilisation Order. The limited prayer is for a direction to the 2nd and 5th 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 with the following directions: -2- W.P.(C). No. 39610 of 2017(A)
(i) The 5th respondent shall consider and pass orders on Ext.P7 application preferred by the petitioner 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 5th respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 2nd respondent shall consider Ext.P8 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 5th respondent, before him.
(iii) The petitioner shall, on receipt of the order from the 5th respondent, and the order from the 2nd 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 das/ 8.12.2017