Abdul Nazar vs State Of Kerala

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 16061 OF 2020
PETITIONERS

    1          ABDUL NAZAR
               AGED 61 YEARS
               PANADAN HOUSE, COCHIN UNIVERSITY P.O., PIN -
               682 022.
    2          VAHIDA
               PANADAN HOUSE, COCHIN UNIVERSITY P.O., PIN- 682
               022.
               BY ADVS.
               K.P.SANTHI
               SMT.TARA PREM


RESPONDENTS

    1          STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               REVENUE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.
    2          THE DISTRICT COLLECTOR
               CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
    3          THE REVENUE DIVISIONAL OFFICER
               FORTKOCHI - 682001.
    4          THE TAHSILDAR, KANAYANNUR TALUK
               PARK AVENUE ROAD, KOCHI - 682 011.
    5          THE LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENER, KRISHI BHAVAN,
               THRIKKAKARA, ERNAKULAM - 682 030.
OTHER PRESENT:

               SMT.SURYA BINOY B SR.GP
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   14.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.16061 of 2020       :2:



                       JUDGMENT

Dated this the 14th day of June, 2022 The petitioners, who are owners of 34.98 Ares of property in Thrikkakara North Village, Kanayannur Taluk, Ernakulam District, have approached this Court seeking to compel the 2nd respondent to conclude Ext.P2 proceedings on merits, in the light of Ext.P1 and after affording an opportunity of hearing to the petitioners as directed in Ext.P2.

2. The petitioners state that they were the owners and title holders in possession of 34.98 Ares of property in Re- Survey Nos.694/9, 694/10, 694/12 and 694/13 in Block No.5 of Thrikkakara North Village, Kanayannur Taluk, Ernakulam District. After selling a portion of the land, the petitioners are now in possession of 19.43 Ares of property in Survey Nos.694/9, 694/10 and 694/12. The petitioners have constructed a residential building in the property.

3. The petitioners submitted Ext.P2 application dated 05.07.2017 before the District Collector, Ernakulam invoking W.P.(C) No.16061 of 2020 :3: Clause 6(2) of the Kerala Land Utilisation Order, 1967 for regularisation of conversion and changed utilisation of land. The District Collector did not act on Ext.P2 representation. This Court by Ext.P3 judgment disposed of W.P(C) No.24630 of 2017, directing the LLMC to make recommendation in respect of the petitioners' application and forward it to the District Collector. However, no orders have been passed thereafter. Though the petitioners submitted Ext.P4 representation, the request of the petitioners remains unheeded.

4. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioners in the writ petition. The Government Pleader pointed out that in pursuance of the directions of this Court in Ext.P3 judgment, the LLMC obtained report from KSREC and consequently, properties in Survey Nos.694/9 and 694/10 were removed from the Data Bank.

5. This Court has considered the issue and gave directions in favour of the petitioners in Ext.P3. In view of Ext.P3 judgment, LLMC is bound to make recommendation and the District Collector is bound to take a decision thereon. The District Collector is bound to take a final decision on Ext.P2 application of the petitioners within a reasonable time.

In the facts and circumstances of the case, the writ petition is disposed of directing the 2 nd respondent to consider Ext.P2 filed under Clause 6(2) of the Kerala Land Utilisation Order and pass orders thereon within a period of the two months, after affording an opportunity of hearing to the petitioners.

Sd/-

N. NAGARESH, JUDGE smm/16.06.2022 W.P.(C) No.16061 of 2020 :5: APPENDIX OF WP(C) 16061/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.KLMY5/2019-

20 DATED 31/10/2019 OF THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 5/7/2017 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.P.(C) NO.24630 OF 2017 OF THIS HONOURABLE COURT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 5/11/2019 SUBMITTED TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT DATED 28/8/2018 ISSUED BY THE KALAMASSERY MUNICIPALITY.

EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 13/2/2020 ISSUED BY THE KALAMASSERY MUNICIPALITY.