Kerala High Court
Alex Eapen vs The Revenue Divisional Officer on 3 August, 2017
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
THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939
WP(C).No. 7807 of 2018
PETITIONER(S):
ALEX EAPEN
AGED 49 YEARS, S/O EAPEN NINAN,
PUTHENVEETIL HOUSE,
MULAKUZHA VILLAGE,
PUTHENKAVU PO,
CHENGANNUR TALUK,
ALAPPUZHA 689123
BY ADVS.SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.ALPHIN ANTONY
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.MARIA ROY
SMT.VEENA RAVEENDRAN
RESPONDENT(S):
1. THE REVENUE DIVISIONAL OFFICER,
SH 40, KIDANGAMPARAMBU,
THONDANKULANGARA THATHAMPALLI
ALAPPUZHA 688013
2. LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, THURAVOOR 688532.
3. VILLAGE OFFICER
THURAVOOR SOUTH CHERTHALA,
ALAPPUZHA 688532.
R BY GOVERNMENT PLEADER SRI. MANU RAJ K.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7807 of 2018 (A)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED BEARING NO.138/1/2016 OF SRO
PATTANAKAD
EXHIBIT P1(A) TRUE COPY OF THE TAX RECEIPT NO.3536319 DATED 3/8/2017
EXHIBIT P2: TRUE EXTRACT COPY OF THE DATA BANK REGISTER OF KRISHI BHAVAN
THURAVOOR SOUTH VILLAGE
EXHIBIT P3: TRUE COPY OF THE APPLICATION SUBMITTED TO THE 2ND RESPONDENT
FOR REMOVING THE PROPERTY FROM THE GREEN DATA BANK DATED 23.8.2017.
EXHIBIT P4: TRUE COPY OF THE CLAUSE 6(2) APPLICATION SUBMITTED TO THE 1ST
RESPONDENT DATED 10/01/2017
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.7807 OF 2018 (A)
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Dated this the 8th day of March, 2018
JUDGMENT
The petitioner has preferred Ext.P3 application before the 2 nd respondent, seeking a deletion of his land comprising of 94.75 Ares of property in Sy.No.283/1-29 and 6.07 Ares of property in Sy.No.283/1 of Thuravoor South Village of Cherthala Taluk, Alappuzha District, 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 W.P.(C).No.7807/2018 2 with the following directions:
(i) The 2nd respondent shall consider and pass orders on Ext.P3 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/8/3/18