Kerala High Court
Imbichali vs The Revenue Divisional Officer (R.D.O) on 17 June, 2017
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
THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939
WP(C).No. 6982 of 2018
PETITIONER(S):
IMBICHALI, S/O.AHAMMED KUTTY, AGED 65 YEARS,
KAKKATTUPARAMBIL HOUSE, PANIKKARAPURAYA, CHERUVAYOOR P.O.,
VAZHAKKAD VILLAGE, KONDOTTY TALUK,
MALAPPURAM DISTRICT-673 645.
BY ADV.SRI.K.MOHAMMED RAFEEQ
RESPONDENT(S):
1. THE REVENUE DIVISIONAL OFFICER (R.D.O), TIRUR,
MALAPPURAM DISTRICT, PIN-676 101.
2. THE DISTRICT COLLECTOR,
MALAPPURAM DISTRICT, PIN 676 505.
3. THE LOCAL LEVEL MONITORING COMMITTEE, CHELAKKARA,
THRISSUR DISTRICT, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, VAZHAKKAD, MALAPPURAM DISTRICT - 680 586.
4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO),
TIRUR, MALAPPURAM DISTRICT-676 505.
5. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
6. THE VILLAGE OFFICER, VAZHAKKAD VILLAGE,
MALAPPURAM DISTRICT, PIN - 673 645.
R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 6982 of 2018 (W) 2
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT.P1: TRUE COPY OF THE TAX RECEIPT DATED 17.06.2017 ISSUED BY THE SIXTH
RESPONDENT.
EXHIBIT.P2: TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK IN
CONNECTION WITH THE PROPERTY OF PETITIONER.
EXHIBIT.P3: TRUE COPY OF THE KLU ORDER ISSUED BY THE REVENUE DIVISIONAL
OFFICER, PERINTHALMANNA DATED 20.02.2004.
EXHIBIT.P4: TRUE COPY OF THE RECEIPT DATED 19.02.2018 ISSUED BY THE THIRD
RESPONDENT REGARDING RECEIPT OF APPLICATION OF PETITIONER.
EXHIBIT.P5: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT DATED 17.02.2018.
EXHIBIT.P6: TRUE COPY OF THE RECEIPT DATED 20.02.2018 ISSUED BY THE FIRST
RESPONDENT REGARDING RECEIPT OF APPLICATION OF PETITIONER.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.6982 OF 2018 (W)
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Dated this the 1st day of March, 2018
JUDGMENT
The petitioner has preferred an application, as evidenced by Ext.P4 receipt, before the 3 rd respondent, seeking a deletion of his land comprising of 10.47 ares in Sy.No.168/4 and 1.45 ares in Sy.No.168/6 [total extent of 11.92 ares] of Vazhakkad Village, Kondotty Taluk, Malappuram District from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P5 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 1 st and 3rd 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 W.P.(C).No.6982/2018 2 also the submissions made across the bar, I dispose the writ petition with the following directions:
(i) The 3rd respondent shall consider and pass orders on the application, evidenced by Ext.P4 receipt, 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 3 rd respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 1st respondent shall consider Ext.P5 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 3rd respondent, before him.
(iii) The petitioner shall, in the event of receipt of the order from the 3rd 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/1/3/18