Lissy Chacko vs Revenue Divisional Officer
2022 Latest Caselaw 12188 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

          THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

                              WP(C) NO. 22551 OF 2022

PETITIONER/S:

            LISSY CHACKO
            AGED 51 YEARS
            W/O.CHACKO, MELADATH HOUSE, THRIKOOR, THRISSUR DIST., PIN - 680 306.

            BY ADVS.
            V.M.KRISHNAKUMAR
            P.S.SIDHARTHAN
            MAYA M.



RESPONDENTS:

     1      REVENUE DIVISIONAL OFFICER
            CIVIL STATION, THRISSUR, PIN - 680 03.

     2      THE LOCAL LEVEL MONITORING COMMITTEE
            REPRESENTED BY AGRICULTURALOFFICER, KRISHI BHAVAN, NADATHARA,
            THRISSUR DIST., PIN - 680 751.

            BY G.P. SRI. B.S.SYMANTHAK.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22551 OF 2022
                             2

                       JUDGMENT

The petitioner has filed this writ petition challenging

Ext.P9 order dated 03.02.2022 of the 1 st respondent/

Revenue Divisional Officer whereby Ext.P8 application in

Form-5 has been rejected stating that a fallow land and

paddy land are situated adjacent to the property of the

petitioner.

2. According to the petitioner, the property was

converted 20 years back and since then, he has been

running a brick manufacturing unit in the said property

with required licence from the Panchayat. He has also

produced Ext.P2(a) information received under Right to

Information Act which shows that the licence for the Unit

was issued in 2018-19 and the building is about 20 years

old. The petitioner states that while passing Ext.P9 order,

the 1st respondent has not taken into account the relevant

records. On a perusal of Ext.P9, it can be seen that the

said order has been passed without due application of WP(C) NO. 22551 OF 2022

mind. Accordingly, the same is set aside. The first

respondent is directed to reconsider Ext.P8 application in

Form-5 taking into account all relevant documents and the

statutory provisions and fresh orders shall be passed

within a period of two months from the date of receipt of

copy of this judgment. The petitioner shall produce a

certified copy of this judgment along with a copy of the

writ petition before the 1st respondent. The copies of any

decision to be relied on by the petitioner shall also be

furnished to the 1st respondent.

The writ petition is disposed of with the above

directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

WP(C) NO. 22551 OF 2022

APPENDIX OF WP(C) 22551/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 2021-22 DATED 31/08/2021.

Exhibit P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE NADATHARA PANCHAYATH DATED 11/01/2021.

Exhibit P2A TRUE COPY OF REPLY GIVEN BY NADATHARA PANCHAYATH TO THE PETITIONER DATED 03/02/2022.

Exhibit P3 TRUE COPY OF THE PROVISIONAL REGISTRATION DATED 21/08/2003 ISSUED BY THE ASSISTANT DISTRICT INDUSTRIES OFFICER.

Exhibit P4 TRUE COPY OF THE LICENSE ISSUED BY THE NADATHARA PANCHAYATH DATED 18/04/2022.

Exhibit P5 PHOTOGRAPH SHOWING THE PETITIONER'S FACTORY AND PREMISES.

Exhibit P6 TRUE COPY OF THE SALE DEED NO.2876/2005 DATED 30/03/2005.

Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK PREPARED BY THE LOCAL LEVEL MONITORING COMMITTEE.

Exhibit P8 TRUE COPY OF FORM NO.5 APPLICATION DATED 09/09/2021 FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER.

Exhibit P9 TRUE COPY OF THE ORDER NO.D7-15249/2021 DATED 03/02/2022 ISSUED BY THE REVENUE DIVISIONAL OFFICER.

Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN 2021 (1) KHC 540.