Abdul Wahab vs State Of Kerala
2021 Latest Caselaw 9256 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.3905 OF 2021(K)


PETITIONERS:

      1        ABDUL WAHAB, AGED 63 YEARS
               S/O. LATE V. M. ABDUL RAHIMAN, RESIDING AT HOUSE
               NO.11/135, THAMARAPARAMBU, FORT KOCHI - 682001.

      2        V. B. SHAHIRA, AGED 57 YEARS
               W/O. ABDUL WAHAB, RESIDING AT HOUSE NO.11/135,
               THAMARAPARAMBU, FORT KOCHI - 682001.

               BY ADVS.
               SHRI.R.SANJITH
               SMT.C.S.SINDHU KRISHNAH
               SRI.B.R.ANEES
               SMT.CHARUTHA BHAIJU
               SMT.P.S.ANJU
               SHRI.ANOOP GEORGE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
               SECRETARIAT, TRIVANDRUM - 695 001.

      2        THE DISTRICT COLLECTOR
               OFFICE OF THE DISTRICT COLLECTOR, ERNAKULAM - 682032.

      3        LOCAL LEVEL MONITORING COMMITTEE
               KAKKANAD VILLAGE, ERNAKULAM, REPRESENTED BY ITS
               CHAIRMAN - 682030.

      4        THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, THRIKKAKKARA, ERNAKULAM - 682021.

      5        THE VILLAGE OFFICER
               KAKKANAD VILLAGE, ERNAKULAM - 682030.

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3905 OF 2021(K)

                                   2




                               JUDGMENT

Dated this the 19th day of March 2021

The petitioners are aggrieved by the non-disposal of

the application dated 15.02.2016 filed by them under

Clause 6(2) of the Kerala Land Utilisation Order, 1967.

The application has been filed pursuant to the directions

in Ext P8 judgment of this Court in WPC 9027 of 2015.

Property of the petitioner is recorded in the Data Bank

as, 'reclaimed land'. Therefore, there is no reason to

keep application pending, contends the petitioners.

The writ petition is disposed of directing the second

respondent to pass final orders on Ext P1 application on

obtaining necessary reports, verification of data bank and

in the light of Ext P8 judgment, as expeditiously as

possible and at any rate within a period of two months

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

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.3905 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION UNDER CLAUSE 6(2) OF THE KERALA LAND UTILIZATION ORDER, 1967 AND 15.02.2016, ITS RECEIPT BEARING NO.L10/19972/16 AND JUDGEMENT DATED 23.11.2017 IN W.P.C.10916/2016.

EXHIBIT P2 TRUE COPY OF THE RECEIPT BEARING NO.L10/19972/16.

EXHIBIT P3 TRUE COPY OF THE JUDGEMENT DATED 23.11.2017 IN W.P.C.10916/2016.

EXHIBIT P4 TRUE COPY OF THE DRAFT DATA BANK ISSUED 4TH RESPONDENT IS ALONG WITH THE TYPED COPY.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 21.01.2014.

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT DATED 11.02.2015.

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 21.02.2015 OF THE ADDITIONAL TAHSILDAR.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 23.03.2015 IN WPC 9027/15.

EXHIBIT P9 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT, DATED 12.08.2020 PREFERRED BY THE PETITIONERS TO THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT'S OFFICE.

EXHIBIT P10 TRUE COPY OF THE RTI REPLY DATED 28.09.2020 ISSUED BY PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT'S OFFICE.