Sheemol Kaja vs The Revenue Divisional Officer ...
2023 Latest Caselaw 5525 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                       WP(C) NO. 14697 OF 2023
PETITIONER:

            SHEEMOL KAJA
            AGED 42 YEARS, D/O. M.A. KAJA MOIDEEN,
            KADEEJA MANZIL, KADAMKODE, 22/15, KARINGARAPULLY,
            KARINGARAPULLY POST, KODUMBA, PALAKKAD DISTRICT,
            REP.BY POWER OF ATTORNEY, M.A. KAJA MOIDEEN,
            AGED 78 YEARS, S/O LATE M. AHAMED SAHIB,
            KADEEJA MANZIL, KADAMKODE, 22/15, KARINGARAPULLY,
            KARINGARAPULLY POST, KODUMBA, PALAKKAD DISTRICT,
            PIN-678 551.

            BY ADVS.
            JACOB SEBASTIAN
            WINSTON K.V
            ANU JACOB
            DIVYA R. NAIR
RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER PALAKKAD
            OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD,
            PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN -
            678001
    2       THE REVENUE DIVISIONAL OFFICER PALAKKAD
            OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD,
            PALAKKAD HEAD POST OFFICE, PALAKKAD DISTRICT, PIN -
            678001
    3       THE ADDITIONAL TAHSILDAR (LAND RECORDS)
            TALUK OFFICE, CIVIL STATION, PALAKKAD DISTRICT., PIN -
            678001
    4       THE VILLAGE OFFICER
            PALAKKAD-3 VILLAGE, PALAKKAD DISTRICT, PIN - 678001
OTHER PRESENT:

            SMT. PREETHA K.K-SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14697 OF 2023          2




             MURALI PURUSHOTHAMAN, J.
          ==========================
              W.P.(C) No. 14697 OF 2023
          ==========================
            Dated this the 2nd day of May, 2023

                          JUDGMENT

Petitioner seeks for consideration of Ext.P5 application

by the 2nd respondent in the light of Exts.P1 to P3 KLU

orders and in the light of Exts.P6 and P7 judgments.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. The learned Government Pleader submits that

Ext.P5 can be directed to be disposed of reserving the right

of the 2nd respondent to verify the veracity of KLU orders

granted in favour of the predecessor of the petitioner and

the applicability of the same in favour of the petitioner.

Accordingly, the writ petition is disposed of directing

the 2nd respondent to consider and pass orders on Ext.P5

application in the light of Exts.P1 to P3 orders and Exts.P6

and P7 judgments, within a period of two months from the

date of receipt of a copy of this judgment. It is made clear

that the 2nd respondent will be free to verify the veracity of

the KLU permission granted as per Exts.P1 to P3 orders and

the applicability of the same in favour of the petitioner.

Sd/-

MURALI PURUSHOTHAMAN JUDGE mtk

APPENDIX OF WP(C) 14697/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE KLU ORDER NO.J-

2346/2008/K-DIS DATED 12.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P2 A TRUE COPY OF THE KLU ORDER NO.J-

2350/2008 DATED 24.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P3 A TRUE COPY OF THE KLU ORDER NO.J-

2369/2008/K-DIS DATED 17.05.2008 ISSUED BY THE FIRST RESPONDENT Exhibit-P4 A TRUE COPY OF SALE DEED NO.1142/1/2017 OF SRO PALAKKAD EXECUTED ON 27.02.2017 Exhibit-P5 A TRUE COPY OF THE APPLICATION DATED 03.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH ACKNOWLEDGEMENT DATED 03.04.2023 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT Exhibit-P6 THE TRUE COPY OF THE JUDGMENT DATED 25.06.2018 IN W.P.(C) NO.16536/2018 OF THIS HON'BLE COURT Exhibit-P7 A TRUE COPY OF THE JUDGMENT DATED 16.12.2020 IN W.P.(C) NO.26007/2020 OF THIS HON'BLE COURT