Kerala High Court
M/S.Jeeva Properties And Developers ... vs The Revenue Divisional Officer/Sub ...
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 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
WP(C).No. 6231 of 2018
PETITIONER(S):
M/S.JEEVA PROPERTIES AND DEVELOPERS (INDIA) PRIVATE LIMITED
COMPANY, ASRA-106, THRIKKAKARA P.O.,
KAKKANAD - 682 021, REPRESENTED BY ITS MANAGING DIRECTOR,
MRS.VEENA SHIBU.
BY ADVS.SRI.P.K.SOYUZ
SRI.JELSON J.EDAMPADAM
RESPONDENT(S):
1. THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
RDO OFFICE, FORT KOCHI,
ERNAKULAM, PIN - 682 001.
2. THE LOCAL LEVEL MONITORING COMMITTEE
KUNNUKARA GRAMA PANCHAYATH,
REPRESENTED BY ITS CONVENER,
AGRICULTUREAL FIELD OFFICER, KRISHI BHAVAN,
KUNNUKARA, KUNNUKARA P.O.,
ERNAKULAM DISTRICT, PIN - 683 578.
3. THE AGRICULTURAL OFFICER
KRISHI BHAVAN, KUNNUKARA,
KUNNUKARA P.O., ERNAKULAM,
PIN - 683 578.
4. THE VILLAGE OFFICER
PUTHANVELIKKARA VILLAGE, PARAVOOR TALUK,
ERNAKULAM DISTRICT - 683 578.
R BY GOVERNMENT PLEADER SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 6231 of 2018 (D)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1(A) TRUE COPY OF THE LAND TAX RECEIPT DATED 25.09.17.
EXHIBIT P1(B) TRUE COPY OF THE LAND TAX RECEIPT DATED 25.09.17.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED BY
THE 2ND RESPONDENT.
EXHIBIT P3(A) TRUE COPIES OF THE LICENCES ISSUED BY KUNNIKARA GRAMA
PANCHAYATH DATED 03.01.96.
EXHIBIT P3(B) TRUE COPIES OF THE LICENCES ISSUED BY KUNNIKARA GRAMA
PANCHAYATH DATED 26.12.96.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 06.02.18 SUBMITTED BEFORE THE
1ST RESPONDENT UNDER CLAUSE 6 OF KLUO.
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 09.02.18 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 27.02.2018.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.6231 OF 2018 (D)
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Dated this the 2nd day of March, 2018
JUDGMENT
The petitioner has preferred Ext.P6 application before the 2 nd respondent, seeking a deletion of his land comprising of 53.01 Ares of property in Sy. No.131/1A2 of Puthanvelikkara Village, Paravoor Taluk from the Land Data Bank prepared for the region. Similarly, he has preferred Ext.P4 application before the 1 st respondent for passing appropriate orders under Clause 6 of the Kerala Land Utilisation Order. The limited prayer is for a direction to the 1 st and 2nd 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 with the following directions:
W.P.(C).No.6231/2018 2
(i) The 2nd respondent shall consider and pass orders on Ext.P6 application 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 2nd respondent passing an order excluding the land belonging to the petitioner from the Land Data Bank, then the 1st respondent shall consider Ext.P4 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 2nd respondent, before him.
(iii) The petitioner shall, in the event of receipt of the order from the 2nd respondent, and the order from the 1st 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/2/3/18