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Kerala High Court
Gee Varghese Babu vs State Of Kerala on 23 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 7939 OF 2016
PETITIONER:
GEE VARGHESE BABU
AGED 58 YEARS
THACHIRETH HOUSE , PANAVELY P O, VETTIKKAVALA VILLAGE,
KOTTARAKKARA, KOLLAM DISTRICT, PIN 691532
BY ADVS.
SRI.M.K.CHANDRA MOHANDAS
SRI.DHRUV KUMAR
SRI.PRATHEEK VISWANATHAN
SMT.K.K.RAZIA
SMT.REJI.C.RAJ
SRI.K.SATHIYANANDAN PILLAY
SRI.SHAKTHI PRAKASH
RESPONDENTS:
1 STATE OF KERALA
REP BY SECRETARY, DEPARTMENT OF REVENUE,
THIRUVANANTHAPURAM 695001
2 THE LAND REVENUE COMMISSIONERIC
PUBLIC OFFICE BUILDINGS, MESEUM
JUNCTION,THIRUVANANATHAPURAM 691109
3 DISTRICT COLLECTOR
KOLLAM 691001
4 THE PRINCIPAL AGRICULTURAL OFFICER
KOTTARAKKARA, (CONVENOR, DISTRICT LEVEL AUTHORISED
COMMITTEE)691532,
5 THE SECRETARY
VETTIKKAVALA GRAMA PANCHAYATH, VETTIKKAVALA P O,
KOTTARAKKARA, KOLLAM 691538
ADDL.6 THE AGRICULTURAL OFFICER,
CONVENER,
LOCAL LEVEL MONITORING COMMITTEE,
VETTIKAVALA GRAMA PANCHAYATH, KOTTARAKKARA, KOLLAM -
W.P (C) No.7939 of 2016
2
691538
IS IMPLEADED AS PER ORDER DATED 08.11.2016 IN
I.A.NO.18129/16.
BY ADVS.
GOVERNMENT PLEADER
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.7939 of 2016
3
P.V.KUNHIKRISHNAN,J.
---------------------
W.P (C) No.7939 of 2016
---------------------------
Dated this the 23rd day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to decalre that the petitioner is entitled to utilise his entire property in Block No.20, Re-Survey No.324/5 in Vettikkavala Village of Kottarakkara Taluk as dry land (purayidom).
ii) issue any other just and equitable order in the interest of justice under the given facts and circumstances, as this Hon'ble court may deem fit and proper." [SIC]
2. The main prayer in this writ petition is against Ext.P2 order by which only a portion of the land of the petitioner is allowed to use for the construction of a work shop. The petitioner want the entire area to be used for his own purpose. This writ petition is pending before this Court from 2016 onwards. Ext.P2 is an order dated 28.12.2015. This Court may not be able to decide the question because there are disputed facts. In such circumstances, the petitioner can be allowed to file a revision before the Government under Clause 14 of the Kerala Land Utilisation W.P (C) No.7939 of 2016 4 Order.
Therefore, this writ petition is disposed of with the following directions:-
1) The petitioner is free to challenge Ext.P2 by filing appropriate revision before the 1st respondent within 30 days from the date of receipt of a certified copy of this judgment.
2) If such an revision is received, the 1st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner.
3) All the contentions raised by the petitioner in this writ petition are left open.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.7939 of 2016 5 APPENDIX OF WP(C) 7939/2016 PETITIONER EXHIBITS EXHIBIT P1 A COPY OF THE JUDGMENT DTD 9/12/2014 IN WPC NO 31341/2014 EXHIBIT P2 A COPY OF THE ORDER NO L10-45803/13 DTD 28/12/2015