Kerala High Court
Jisha Sreekumar 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. 11617 OF 2021
PETITIONER:
JISHA SREEKUMAR,
AGED 41 YEARS,
W/O.SREEKUMAR, 704,
AKARIA ARCADE, AYYAPPANKAVU,
CHITTOOR ROAD, KOCHI-682018.
BY ADVS.
SRI.S.SHANAVAS KHAN
SRI.S.INDU
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, THRISSUR-680001.
2 THE REVENUE DIVISIONAL OFFICER,
THRISSUR, REVENUE DIVISIONAL OFFICE,
FIRST FLOOR, CIVIL STATION,
CIVIL LINES ROAD,
AYYANTHOLE, THRISSUR-680003.
3 THE TAHSILDAR,
THRISSUR, THRISSUR TALUK OFFICE,
OPPOSITE THRISSUR TOWN HALL,
CHEMBUKKAVU, THRISSUR-680020.
4 THE VILLAGE OFFICER
AYYANTHOLE VILLAGE,
AYYANTHOLE, THRISSUR-680302.
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.11617/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 23rd day of September, 2021
The petitioner is owner of 14 Cents of land in
Survey No.824/P of Ayyanthole Village in Thrissur District.
The petitioner obtained the property as per Ext.P1 Settlement
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 14 cents of wetland into paramba for construction of
residential building. On 18.08.2017, 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.11617/2021
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.28477/2017. 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.11617/2021
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.11617/2021
APPENDIX OF WP(C) 11617/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED
NO.1249/2014 DATED 19.03.2014 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 20.01.2021 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 18.03.1993
OF THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
18.08.2017 PREFERRED UNDER CLAUSE 6(2)
OF KLUO.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
29.08.2017 IN W.P.(C)NO.28477 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
