M.V. Abraham vs The State Of Kerala

[Cites 0, Cited by 5]

Kerala High Court

M.V. Abraham vs The State Of Kerala

Bench: A.Muhamed Mustaque

       

  

   

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                               PRESENT:

                   THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

        WEDNESDAY, THE 3RD DAY OF DECEMBER 2014/12TH AGRAHAYANA, 1936

                                   WP(C).No. 32438 of 2014 (D)
                                  -----------------------------------------

PETITIONER(S):
-----------------------

1.          M.V. ABRAHAM, AGED 61 YEARS,
            S/O.LATE VARGHESE, PULIMPALLIL HOUSE, NIRANAM P.O.,
            KADAPRA VILLAGE, THIRUVALLA.

2.          VARKEY VARGHESE, AGED 57,
            S/O.LATE VARGHESE, PULIMPALLIL HOUSE, NIRANAM P.O.,
            KADAPRA VILLAGE, THIRUVALLA.

3.          THOMAS VARGHESE, AGED 43,
            S/O.LATE VARGHESE, PULIMPALLIL HOUSE, NIRANAM P.O.,
            KADAPRA VILLAGE, THIRUVALLA.

            BY ADVS.SRI.P.HARIDAS
                         SMT.S.SIKKY

RESPONDENT(S):
-------------------------

1.          THE STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2.          REVENUE DIVISIONAL OFFICER, DEPARTMENT OF REVENUE,
            THIRUVALLA TALUK-689101.

            BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT


            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
            ON 03-12-2014, THE COURT ON THE SAME DAY DELIVERED THE
            FOLLOWING:


PJ

WP(C).No. 32438 of 2014 (D)
-----------------------------------------

                                            APPENDIX


PETITIONERS' EXHIBITS
-----------------------------------

P1:       COPY OF THE TAX RECEIPT DATED 16/4/14

P2:       COPY OF THE RESOLUTION OF THE PANCHAYATH DATED 25/1/13

P3:       COPY OF NO OBJECTION CERTIFICATE ISSUED BY DEPARTMENT OF
          GROUND WATER DATED 4/3/14

P4:       COPY OF THE CONSENT TO ESTABLISH ISSUED BY POLLUTION CONTROL
          BOARD DATED 12/7/13

P5:       COPY OF THE LETTER OF THE 2ND RESPONDENT ADDRESSED TO THE
          SECRETARY OF THE GRAMA PANCHAYAT DATED 24/7/14

P6:       COPY OF THE APPLICATION SUBMITTED BEFORE R2 DATED 15/11/14

RESPONDENTS' EXHIBITS
-------------------------------------

          NIL.

                                                        / TRUE COPY /


                                                        P.S. TO JUDGE
PJ



              A.MUHAMED MUSTAQUE, J.

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                WP(C).No.32438 of 2014-D.
               = = = = = = = = = = = = =

          Dated this the 3rd day of December, 2014.

                      J U D G M E N T

The petitioners have approached this Court seeking a direction to the Revenue Divisional Officer to consider his application under clause 6 of the Kerala Land Utilisation Order in the light of Ext.P5 report. Ext.P5 report indicates that the land has been reclaimed and there are residential buildings in this property. Therefore, it is clear that the property is a dry land and the petitioners can utilise the land for other purposes in terms of the Kerala Land Utilisation Order. Considering the nature of the land, I am of the view that this is a fit case permission can be granted to the petitioner to utilise the land for other purposes. Therefore, based on Ext.P6 if warranted after imposing conditions, necessary permission shall be granted to the WP(C).No.32438/2014-D. 2 petitioners to utilise the land for other purposes in the light of Ext.P5.

Writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-

// true copy //

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