Kerala High Court
M.C.Manoharan vs The District Collector on 20 February, 2017
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY,THE 19TH DAY OF MAY 2017/29TH VAISAKHA, 1939
WP(C).No. 15016 of 2017 (B)
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PETITIONER :
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M.C.MANOHARAN,
PARASSERIL HOUSE,
IRUMPANAM DESOM,
THIRUVANKULAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT.
BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN)
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT,
COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM.
2. THE TAHSILDAR,
KANAYANNUR TALUK, ERNAKULAM.
3. THE VILLAGE OFFICER,
THIRUVANKULAM VILLAGE,
THIRUVANKULAM.
4. THE CHAIRMAN,
LOCAL LEVEL MONITORING COMMITTEE
AND AGRICULTURAL OFFICER,
KRISHI BHAVAN, THIRUVANKULAM.
5. THIRUVANKULAM GRAMA PANCHAYATH,
THIRUVANKULAM,
REPRESENTED BY ITS SECRETARY.
R1 TO R4 BY GOVERNMENT PLEADER SMT. VINEETHA.B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-05-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 15016 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1 TRUE COPY OF THE BASIC TAX REGISTER OF THIRUVANKULAM
EXHIBIT-P2 TRUE COPY OF THE EXTRACT OF THE THANDAPER ACCOUNT
EXHIBIT-P2(A) TRUE COPY OF THE BASIC TAX RECEIPT DATED 20/02/2017 FOR THE
YEAR 2016-17
EXHIBIT-P3 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK
EXHIBIT-P3(A) PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE
PETITIONER'S PROPERTY
EXHIBIT-P4 TRUE COPY OF THE APPLICATION DATED 04/04/2013 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT-P5 TRUE COPY OF THE REPORT DATED 17/04/2013 OF THE 3RD
RESPONDENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT
EXHIBIT-P6 TRUE COPY OF THE REPORT DATED 16/05/2013 OF THE 4TH
RESPONDENT
EXHIBIT-P7 TRUE COPY OF THE REPORT DATED 24/05/2013 OF THE 2ND
RESPONDENT TO THE IST RESPONDENT
EXHIBIT-P8 TRUE COPY OF THE LETTER DATED 20/05/2014 ISSUED BY THE IST
RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT-P9 TRUE COPY OF THE COMMUNICATION DATED 28/10/2014 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT-P10 TRUE COPY OF THE LETTER DATED 23/09/2015 ISSUED BY THE
DIRECTORATE OF ENVIRONMENT CLIMATE CHANGE,
THIRUVANANTHAPURAM TO THE 2ND RESPONDENT
EXHIBIT-P11 PHOTOGRAPH SHOWING THE BUILDING ABUTTING THE PROPERTY
OF THE PETITIONER
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
DEVAN RAMACHANDRAN, J.
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W.P.(C)No.15016 of 2017
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Dated this the 19th day of May, 2017
JUDGMENT
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 P4. 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 P4 application for deletion from the data bank 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 competent authority under the KLU Order in taking up the application and considering the same.
3. However, it is the specific case of the petitioner that his property was re-claimed prior to 2008 and that it has been included in the data bank showing the conversion to be prior to 2008. He relies on Ext.P9 to show it has been converted prior to 2008. If this is so, obviously, the competent authority under the KLU Order is W.P.(C)No.15016/2017 ..2..
statutorily obligated to consider the application in terms of the judgment of the Hon'ble Supreme Court in Revenue Divisonal Officer v. Jalaja Dileep (2015 (1) KLT 984).
4. I, therefore, direct the competent authority under the KLU Order before whom Exhibit P4 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 skj