WP(C) Nos.18848 & 18933 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
WP(C) NO. 18848 OF 2021
PETITIONER/S:
CHATHAMKULAM FOUNDATION CHARITABLE TRUST
N.H.BYEPASS, CHANDRANAGAR,
PALAKKAD, REPRESENTED BY ITS MANAGING TRUSTEE,
C.R.BHAVADAS, S/O RAMAN,
AGED 77 YEARS,DOOR NO.9/149,
CHATHAMKULAM HOUSE, KONGAD.P.O, PALAKKAD-678631.
BY ADV BINOY VASUDEVAN
RESPONDENT/S:
1 TAHSILDAR(LAND RECORDS)
PALAKKAD TALUK, TALUK OFFICE,
CIVIL STATION, PALAKKAD-679001.
2 THE VILLAGE OFFICER
ELAPULLY I VILLAGE, ELAPPULLY.P.O, PALAKKAD
DISTRICT-678622.
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.07.2022, ALONG WITH WP(C).18933/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.18848 & 18933 OF 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
WP(C) NO. 18933 OF 2021
PETITIONER/S:
CHATHAMKULAM FOUNDATION CHARITABLE TRUST
N.H.BYEPASS, CHANDRANAGAR, PALAKKAD, REPRESENTED BY
ITS MANAGING TRUSTEE, C.R.BHAVADAS, S/O RAMAN, AGED
77YEARS, DOOR NO.9/149, CHATHAMKULAM HOUSE, KONGAD
P.O., PALAKKAD, -678 631
BY ADV BINOY VASUDEVAN
RESPONDENT/S:
1 THE TAHSILDAR ( LAND RECORDS )
PALAKKAD TALUK, TALUK OFFICE, CIVIL STATION,
PALAKKAD-679 001
2 THE VILLAGE OFFICER,
ELAPULLY I VILLAGE, ELAPULLY P.O., PALAKKAD
DISTRICT-678 622
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.07.2022, ALONG WITH WP(C).18848/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.18848 & 18933 OF 2021 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) Nos.18848 and 18933 of 2021
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Dated this the 5th day of July, 2022
JUDGMENT
These two writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment.
2. The petitioner is the absolute owner in possession of certain items of property in Re-Survey No. 188/1 (old Sy.No. 728/1 and 728/2) of Elapully I Village in Palakkad Taluk in Palakkad district. The petitioner purchased the above property as per Ext.P1. It is the case of the petitioner that the property is a dry land and the petitioner trust is conducting a college in the adjacent properties as well. The predecessor-in-interest of the petitioner had already secured a statutory permission under Clause 6(2) of the Kerala Land Utilization Order, 1967. The petitioner on the strength of Ext.P2 and in the light of the law declared by this Court in Local Level Monitoring Committee for Kizhakkambalam Grama Panchayat and WP(C) Nos.18848 & 18933 OF 2021 4 anr. v. Mariyumma [2015 (2) KLT 516], Tahsildar, Thodupuzha Taluk v. Renjith George [2020 (2) KLT 13] and District Collector and others v. Father Jose Iuppani [2020 (4) KLT 612 (DB)] moved the 1st respondent by submitting Ext.P3 request for creating an additional entry in the Basic Tax Register and other revenue records. No action is taken on Ext.P3. It is stated that the petitioner was advised to submit a Form A which also he had done through Ext.P5. However on the ground that the permission under Clause 6(2) was given to the predecessor-in-interest, the application is not being entertained by the 1st respondent. Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. Today, when the matter came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if Ext.P3 is directed to be considered by the 1 st respondent, in the light of Ext.P6. I think the above prayer can be allowed.
Therefore, these writ petitions are disposed of with the WP(C) Nos.18848 & 18933 OF 2021 5 following direction :
1) There will be a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P3, in the light of Ext.P6, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) Nos.18848 & 18933 OF 2021 6 APPENDIX OF WP(C) 18933/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.6274/09 OF S.R.O.PALAKKAD DATED 14.09.2009 Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.J7184/08/K.DIS DATED 30.03.2009 Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.08.2020 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN WPC NO.16536 OF 2018 Exhibit P5 TRUE COPY OF FORM A SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.08.2021 Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK WITH RESPECT TO ELAPULLY GRAMA PANCHAYAT WP(C) Nos.18848 & 18933 OF 2021 7 APPENDIX OF WP(C) 18848/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT NO.2361/09 OF S.R.O.
PALAKKAD DATED 02.04.2009.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.J.7184/08/K.DIS DATED 30-03-2009. Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12-08-2020.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.P(C)N0.16536 OF 2018.
Exhibit P5 TRUE COPY OF FORM A SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.08.2021.
EXT.P6 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK WITH RESPECT TO ELAPULLY GRAMA PANCHAYAT RESPONDENT EXHIBITS : NIL