Kerala High Court
K.P.Joy vs Revenue Divisional Officer on 7 May, 2019
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941
WP(C).No. 8770 of 2019
PETITIONER/S:
K.P.JOY,
AGED 59 YEARS,
S/O. LATE POULO, MANAGING PARTNERE, SUPER SANDS,
KOORAN KALLOOKKARAN HOUSE, PEECHANIKKAD, PULIYANAM
P.O, ANGAMALY, ERNAKULAM DISTRICT PIN 683572.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
TIRUR, TIRUR P.O, MALAPPURAM DISTRICT, PIN 676 101
2 LOCAL LEVEL MONITORING COMMITTEE OF KANNAMANGALAM
VILLAGE,
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, KANNAMANGALAM,
MALAPPURAM DISTRICT, PIN 676 305.
3 VILLAGE OFFICER,
KANNAMANGALAM VILLAGE, KANNAMANGALAM P.O, MALAPPURAM
DISTRICT, PIN 676 305.
R1 & R2 BY SRI JAFFER KHAN Y- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2019, ALONG WITH WP(C).8744/2019, WP(C).8798/2019, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos. 8744,8770 & 8798 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941
WP(C).No. 8744 of 2019
PETITIONER/S:
GRACY JACOB,
AGED 52 YEARS,
W/O. JACOB, PADAYATTIL HOUSE, 6/21, KMN STREET,
MYLAPORE, CHENNAI-28.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
TIRUR, TIRUR P.O., MALAPPURAM DISTRICT, PIN-676101.
2 LOCAL LEVEL MONITTORING COMMITTEE OF KANNAMANGALAM
VILLAGE,
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, KANNAMANGALAM, MALAPPURAM
DISTRICT, PIN-676305.
3 VILLAGE OFFICER
KANNAMANGALAM VILLAGE, KANNAMANGALAM P.O.,
MALAPPURAM DISTRICT, PIN-676 305.
R1 & R2 BY SRI JAFFER KHAN Y- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2019, ALONG WITH WP(C).8798/2019, WP(C).8770/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos. 8744,8770 & 8798 of 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941
WP(C).No. 8798 of 2019
PETITIONER/S:
JACOB ITTEERA,
AGED 58 YEARS,
S/O LATE ITTEERA, PADAYATTIL HOUSE, 6/21, KMN
STREET, MYLAPORE, CHENNAI-28.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER,
TIRUR, TIRUR P.O., MALAPPURAM DISTIRCT-676101.
2 LOCAL LEVEL MONITORING COMMITTTEE OF KANNAMANGALAM
VILLAGE,
REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, KANNAMANGALAM, MALAPPURAM
DISTIRCT-676305.
3 VILLAGE OFFICER,
KANNAMANGALAM VILLAGE, KANNAMANGALAM P.O.,
MALAPPURAM DISTRICT-676305.
R1 & R2 BY SRI JAFFER KHAN Y- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2019, ALONG WITH WP(C).8744/2019, WP(C).8770/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos. 8744,8770 & 8798 of 2019
4
JUDGMENT
These writ petitions are filed seeking directions to the respondents to consider the application submitted by the petitioner under Clause 6(2) of the Kerala Land Utilization Order.
2. Heard learned counsel for the petitioner and learned Government Pleader.
3. It is submitted by learned counsel for the petitioner that, it has been held by the competent authorities that the property owned by the petitioner is not paddy land. It is stated that the consequential request made by the petitioner before the Revenue Divisional Officer under Clause 6(2) of the Kerala Land Utilization Order is therefore liable to be considered in the light of the declaration made by the Agricultural Officer.
4. Learned Government Pleader would submit that the application submitted by the petitioner under Clause 6(2) of the Kerala Land Utilization Order before the Revenue Divisional Officer will be considered and disposed of on merits.
5. Accordingly, there will be a direction to the 1st respondent to take up, consider and pass orders WP(C).Nos. 8744,8770 & 8798 of 2019 5 on Ext.P4 application in these writ petitions within a period of two months from the date of receipt of a copy of this judgment.
These writ petitions are disposed of accordingly.
Sd/-
ANU SIVARAMAN JUDGE uu 07.05.2019 WP(C).Nos. 8744,8770 & 8798 of 2019 6 APPENDIX OF WP(C) 8770/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 27- 11-2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PROCEEDING NO. K.N.M 7/18-19 DATED 17-11-2018 OF THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 6- 09-2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT DATED 27- 12-2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 1- 3-2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE POSTAL ISSUED UPON SENDING EXT.P4 APPENDIX OF WP(C) 8744/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 27.11.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PROCEEDING NO.K.N.M-7/18- 19 DATED 17.11.2018 OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE POSTAL RECEIPT ISSUED TO THE PETITIONER, ON SENDING THE APPLICATION DATED 1.3.2019, TO THE IST RESPONDENT. EXHIBIT P4 TRUE COY OF THE APPLICATION DATED 1.3.2019 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.
WP(C).Nos. 8744,8770 & 8798 of 2019 7 APPENDIX OF WP(C) 8798/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 27.11.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE PROCEEDING NO.K.N.M-7/18- 19 DATED 17.11.2018 OF THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 6.9.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT DATED 27.12.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 1.3.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 A TRUE COPY OF THE POSTAL RECEIPT ISSUED UPON SENDING EXT.P4