Hima Dani vs The Tahasildar
2021 Latest Caselaw 381 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

 WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA,
                          1942

                  WP(C).No.28802 OF 2020(A)


PETITIONER:

              HIMA DANI,AGED 37 YEARS, W/O.DANI THOMAS,
              PAYAPILLI HOUSE, PUTHANANGADI, THIRUVATHUKKAL
              P.O., KOTTAYAM - 686 003.

              BY ADV. SRI.BINOY VASUDEVAN

RESPONDENTS:

     1        THE TAHASILDAR, KANAYANNUR TALUK
              TALUK OFFICE, ERNAKULAM - 682 011.

     2        THE VILLAGE OFFICER
              MARADU VILLAGE, MARADU P.O., ERNAKULAM - 682
              038.


              S GOPINATHAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 06.01.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C).No.28802 OF 2020(A)

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                            JUDGMENT

Dated this the 6th day of January 2021

The petitioner claims that she is the owner of the land,

comprised in Sy.No.15/1 of Maradu Village in Kanayannur Taluk,

having an extent of 18.45 Ares. The petitioner's predecessor-in-

interest obtained an order under the Kerala Land Utilisation Order,

1967 in respect of the aforesaid land. Ext.P2 is the order dated

5.08.2009. On the strength of the above, the petitioner has

approached the Tahsildar (LR), Kanayannur Taluk to effect

necessary changes in the Basic Tax Register. Ext.P3 is the request

made by the petitioner on 30.11.2020. On account of the delay

involved in considering the request, the petitioner approached this

Court.

2. In respect of the land covered under KLUO, there is no

requirement under law to comply with the proceedings under

Sec.27A of the amended act of the Kerala Conservation of Paddy WP(C).No.28802 OF 2020(A)

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Land and Wetland Act, 2008. The advantage of the order passed in

favour of the predecessor-in-interest would also enure to the benefit

of the petitioner as well. Therefore, without insisting any further

formality, the Tahsildar(LR) shall consider the application, acting

upon the KLUO, without any delay, at any rate, within a period of

six weeks from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR WP(C).No.28802 OF 2020(A)

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 21/08/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI VIDE ORDER NO.K-2662/03/K.DIS. DATED 05/08/2009.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 30/11/2020 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.16536 OF 2018 DATED 25/06/2018.