Kerala High Court
Dr.Jain Mathew vs The Revenue Divisional ... on 28 December, 2010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940
WP(C).No. 25180 of 2018
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PETITIONER:
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DR.JAIN MATHEW, S/O. K.V. MATHAI,
AGED 53 YEARS, KOCHUPARAMBIL, MALIPARA P.O.,
PINDIMANA VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT.
BY ADV.SRI.P.M.ZIRAJ
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER(R.D.O.),
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 662.
2. THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, PIN - 682 030.
3. THE LOCAL LEVEL MONITORING COMMITTEE VARAPETTY,
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, VARAPETTY,
ERNAKULAM DISTRICT, PIN - 686 681.
4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
ERNAKULAM DISTRICT, REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO), MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686 662.
5. THE STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
6. THE VILLAGE OFFICER, VARAPETTY VILLAGE,
ERNAKULAM DISTRICT, PIN - 686 681.
7. VARAPETTY GRAMA PANCHAYAT,
ERNAKULAM DISTRICT -686 681,
REPRESENTED BY ITS SECRETARY.
8. THE SECRETARY, VARAPETTY GRAMA PANCHAYAT,
ERNAKULAM, DISTRICT- 686 681.
R1 TO R6 BY SENIOR GOVERNMENT PLEADER SRI.P.M. MANOJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-07-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 25180 of 2018 (V)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1:- TRUE COPY OF THE POSSESSION CERTIFICATE
OBTAINED BY THE PETITIONER FROM THE SIXTH
RESPONDENT DATED 28-12-2010 CLARIFYING THAT THE
PROPERTY OF PETITIONER IN A PURAYIDOM.
EXHIBIT P2:- TRUE COPY OF THE TAX RECEIPT DATED 6-4-2018
ISSUED BY THE SIXTH RESPONDENT.
EXHIBIT P3:- TRUE COPY OF THE BUILDING PERMIT DATED 12-1-2011
ISSUED BY THE SEVENTH RESPONDENT.
EXHIBIT P4:- TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT
DATA BANK IN CONNECTION WITH THE PROPERTY OF
PETITIONER.
EXHIBIT P5:- TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 27-06-2018 ISSUED BY THE SIXTH RESPONDENT.
EXHIBIT P6:- TRUE COPY OF THE PROPOSED PLAN FOR
CONSTRUCTION OF RESIDENTIAL BUILDING.
EXHIBIT P7:- TRUE COPY OF THE APPLICATION DATED 2-07-2018
SUBMITTED BY THE PETITIONER BEFORE THE THIRD
RESPONDENT.
EXHIBIT P8:- TRUE COPY OF THE POSTAL RECEIPT DATED 3-07-2018
TOWARDS THE PROOF OF SERVICE OF EXHIBIT P7
APPLICATION.
EXHIBIT P9:- TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT
DATED 3-7-2018.
EXHIBIT P10:- TRUE COPY OF THE POSTAL RECEIPT DATED 3/7/2018
TOWARDS THE PROOF OF SERVICE OF EXHIBIT P9
APPLICATION.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
mbr/
28.07.2018.
SHAJI P. CHALY, J.
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W.P.(C). No. 25180 OF 2018
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Dated this the 26th day of July, 2018
JUDGMENT
According to the petitioner, petitioner is the owner of an extent of 5.77 ares of property in Survey No. 1/1B-4 of Varapetty Village, Kothamangalam Taluk, Ernakulam District. Even though the property of the petitioner is remaining as purayidom, it is included in the village records as well as in the BTR as nilam. It is also the case of the petitioner that, the property is included in the data bank constituted under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as converted land. In order to remove the property from the data bank, the petitioner has submitted Ext. P7 application before the third respondent, which is pending consideration. The petitioner has also submitted Ext.P9 application before the first respondent, as per the provisions of the Kerala Land Utilisation Order, 1967 for W.P.(C). No. 25180 of 2018 2 utilisation of the land for different purposes other than paddy cultivation. Petitioner seeks direction for early consideration of aforesaid applications.
2. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the third respondent to consider Ext. P7 application submitted by the petitioner, in accordance with law, and attain finality, at the earliest possible, and at any rate, within three months from the date of receipt of a copy of this judgment. If the petitioner is able to secure an enabling order in his favour, Ext.P9 application shall be considered by the first respondent, at the earliest possible, and at any rate, within three months from the date of production of the order from the third respondent. The petitioner is also directed to produce a copy of this writ petition along with appended documents before the appropriate statutory authorities. Learned counsel for the petitioner also submitted that even though Ext.P3 building permit, dated 12.01.2011 was secured by the W.P.(C). No. 25180 of 2018 3 petitioner from the Varapetty Grama Panchayat, the construction could not be carried out and the period has already expired. Therefore, if the petitioner is making any application along with the orders from the respective statutory authorities as directed above, same shall be considered, in accordance with law, taking into account the orders passed the statutory authorities.
The writ petition is disposed of, accordingly.
sd/-
SHAJI P. CHALY JUDGE DCS