Kerala High Court
Sobhana Vasan Nair vs The District Collector on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 10923 OF 2021
PETITIONER:
SOBHANA VASAN NAIR,
AGED 52 YEARS,
W/O.P.J.VASAN NAIR,
804, AKARIA ARCADE,
AYYAPPANKAVU, CHITTOOR ROAD,
KOCHI-682 018.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, THRISSUR-680 001.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
THRISSUR-680 001.
3 THE TAHSILDAR,
TALUK OFFICE, THRISSUR-680 001.
4 THE VILLAGE OFFICER, AYYANTHOLE VILLAGE,
AYYANTHOLE, THRISSUR-680 302.
SRI.SYAMANTHAK B.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.10923/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 23rd day of September, 2021
The petitioner is owner of 9.9 Cents of land in
Survey Nos.805/2P and 824/P of Ayyanthole Village in
Thrissur District. The petitioner obtained the property as per
Ext.P1 Sale Deed. The petitioner would submit that earlier,
the predecessor-in-interest of the petitioner had approached
the RDO seeking for an order under Clause 6 of the KLU
Order and Ext.P4 order was passed permitting to convert an
extent of 36.85 Cents of wetland into paramba for construction
of residential building. On 20.08.2017, the petitioner
submitted Ext.P5 application before the District Collector and
the Revenue Divisional Officer invoking Clause 6 of the Kerala
Land Utilisation Order, for using the land for other purposes
and for correction in Data Bank in tune with LLMC Report.
WP(C) No.10923/2021
2. The petitioner would state that no orders have been
passed on Ext.P5 application so far. The petitioner had
approached this Court with W.P.(C) No.28453/2017. By
Ext.P6 judgment, this Court directed the petitioner to approach
the LLMC for removing the petitioner's land from Data Bank.
Pursuant to Ext.P6 judgment, the LLMC considered the issue
and as per Ext.P7 minutes, the LLMC decided that the land of
the petitioner can be deleted from the Data Bank. In view of
Ext.P7 minutes of the LLMC, the petitioner's application is
liable to be allowed, contended the learned counsel for the
petitioner.
3. The learned Government Pleader submitted that
Ext.P5 application submitted by the petitioner is pending
consideration before the RDO and that it is under process and
orders are likely to be passed thereon soon.
In such circumstances, the writ petition is disposed
of directing the 2nd respondent to consider Ext.P5 application
submitted by the petitioner under Clause 6 of the Kerala Land
Utilisation Order, taking into consideration the findings of the
WP(C) No.10923/2021
LLMC as contained in Ext.P7 minutes. Orders in this regard
shall be passed within a period of three months.
Sd/-
N. NAGARESH, JUDGE
aks/27.09.2021
WP(C) No.10923/2021
APPENDIX OF WP(C) 10923/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2912/2000
DATED 02.06.2000 OF AYYANTHOLE SUB
REGISTRY OFFICE.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
12.11.2020 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 19.01.2021 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 18.06.1994
OF THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED
20.08.2017 PREFERRED UNDER CLAUSE 6 (2)
OF KLUO.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
29.08.2017 IN WPC NO.28453 OF 2017 OF
THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 24.07.2020 OF THE LOCAL LEVEL
MONITORING COMMITTEE, THRISSUR
CORPORATION.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
01.02.2020 OF THE 2ND RESPONDENT.
SR
