Kerala High Court
K.Vinod vs The District Collector on 27 December, 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
FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939
WP(C).No. 8044 of 2018
PETITIONER(S):
K.VINOD
S/O. B.K NAIR, AGED 68 YEARS, THOTTATHIL HOUSE, IRINGAL(PO),
KOZHIKODE - 673 521.
BY ADV.SRI.K.PRAVEEN KUMAR
RESPONDENT(S):
1. THE DISTRICT COLLECTOR , KOZHIKODE
673 020.
2. THE REVENUE DIVISIONAL OFFICER
KOZHIKODE - 673 020.
3. THE LOCAL LEVEL MONITORING COMMITTEE
PAYYOLI MUNICIPALITY, REPRESENTED BY ITS CONVENER, (THE
AGRICULTURAL OFFICER, KRISHI BHAVAN, PAYYOLI, PAYYOLI(P.O),
KOZHIKODE - 673 522).
4. THE VILLAGE OFFICER
IRINGAL VILLAGE, KOZHIKODE - 673 521.
5. STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R BY GOVERNMENT PLEADER SRI.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prp/
W.P.(C).NO.8044/2018
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE BASIC TAX RECEIPT DATED 27.12.2017 IN RESPECT OF PROPERTY
OF THE PETITIONER.
EXT.P2: COPY OF THE RECEIPT SHOWING SUBMISSION OF APPLICATION BEFORE THE
3RD RESPONDENT DT. 29.7.17.
EXT.P3: COPY OF THE APPLICATION PUT IN BY THE PETITIONER BEFORE THE 2ND
RESPONDENT ON 5.3.2018.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.8044 OF 2018 (E)
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Dated this the 9th day of March, 2018
JUDGMENT
The petitioner has preferred an application, evidenced by Ext.P2 receipt, before the 3rd respondent, seeking a deletion of his land comprising of 20.207 cents of land in R.Sy. No.190/2 of Iringal Village of Koyilandi Taluk, Kozhikode District from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P3 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 2 nd 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 also the submissions made across the bar, I dispose the writ petition W.P.(C).No.8044/2018 2 with the following directions:
(i) The 3rd respondent shall consider and pass orders on the application, evidenced by Ext.P2 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 2nd respondent shall consider Ext.P3 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 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 prp/9/3/18