Kavita Madhavan vs The Revenue Divisional Officer
2024 Latest Caselaw 15387 Ker

Kerala High Court

Kavita Madhavan vs The Revenue Divisional Officer on 5 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 36629 OF 2017            1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                          WP(C) NO. 36629 OF 2017
PETITIONER/S:

               KAVITA MADHAVAN
               D/O. ANJAT RAVINDRA MADHAVAN, AGED 45 YEARS, RESIDING
               AT P3, DOOR NO.28/185/59, MAYA HEIGHTS THIRUVAMBADY
               P.O., PATTURAIKKAL DESOM,THRISSUR VILAGE, THRISSUR
               TALUK, THRISSUR DISTRICT,REPRESENTED BY POWER OF
               ATTORNEY HOLDER ANJAT RAVINDRA MADHAVAN, S/O ANJAT
               AMMUKUTTY AMMA, AGED 76 YEARS, RESIDING AT P3, DOOR
               NO.28/185/89, MAYA HEIGHTS, THIRUVAMBADY P.O.,
               PATTURAIKKAL DESOM,THRISSUR VILLAGE, THRISSUR TALUK,
               THRISSUR DISTRICT.

               BY ADV SRI.P.M.ZIRAJ



RESPONDENT/S:

      1        THE REVENUE DIVISIONAL OFFICER
               THRISSUR, THRISSUR DISTRICT-680 001.

      2        THE DISTRICT COLLECTOR
               THRISSUR DISTRICT-680 001.

      3        THE LOCAL LEVEL MONITORING COMMITTEE
               AVANOOR, REPRESENTED BY ITS CONVENER, AGRICULTURAL
               OFFICER, KRISHI BHAVAN,AVANOOR, THRISSUR DISTRICT-680
               001.

      4        THE DISTRICT LEVEL AUTHORIZED COMMITTEE
               THRISSUR DISTRICT, REPRESENTED BY ITS CHAIRMAN,
               REVENUE DIVISIONAL OFFICER (RDO), THRISSUR,THRISSUR
 WP(C) NO. 36629 OF 2017            2


               DISTRICT-680 001.

      5        KERALA STATE REMOTE SENSING AGENCY AND ENVIRONMENT
               CENTRE KSRSEC
               VIKAS BHAVAN, C. BLOCK, THIRUVANANTHAPURAM,KERALA-
               695033 REPRESENTED BY DIRECTOR.

      6        THE STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,REVENUE
               DEPARTMENT, GOVERNMENT OF KERALA,GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      7        THE VILLAGE OFFICER
               VELAPPAYA VILLAGE, THRISSUR DISTRICT-680 001.

      8        THE AVANOOR GRAMA PANCHAYATH
               THANGALOOR P.O., PIN:680596, THRISSURDISTRICT
               REPRESENTED BY ITS SECRETARY.

      9        THE SECRETARY
               AVANOOR GRAMA PANCHAYATH, THANGALOOR P.O.,
               PIN:680596, THRISSUR DISTRICT.

               BY ADVS.
               GOVERNMENT PLEADER, SRI.B.S.SYAMANTAK
               SRI.C.A.ANOOP-R8




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36629 OF 2017             3




                       P.V.KUNHIKRISHNAN, J
                     --------------------------------------
                      W.P.(C.) No. 36629 of 2017
                     --------------------------------------
                  Dated this the 5th day of June, 2024



                                JUDGMENT

The above writ petition is filed with following prayers :

"1. Issue a writ of certiorari or any other appropriate writ, direction or order by calling for the records leading to the issuance of exhibit P5 order and set aside the same as illegal.

2. Direct the first respondent to issue an order under clause 6 of Kerala Land Utilization Order to the petitioner permitting to use the land which is the subject matter of exhibit P5 for other purposes beneficial to him.

3. Direct the 9th respondent to receive the plan and application for building permit and issue building permit to the petitioner for construction of commercial building.

4. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case. " [sic]

2. When this writ petition came up for consideration on

07.02.2018, this Court passed the following order :

Heard. Allowed.

Exts.P9 and P10 are accepted as the additional documents in this writ petition.

There will be an interim direction to the 3rd respondent to consider and pass orders on Ext.P9 application filed by the petitioner before him, within a period of six weeks from today. Post after six weeks."

3. Probably, the orders might have been passed in

Ext.P9 application. If the petitioner is aggrieved by the same,

the petitioner is free to challenge the same.

With the above observation, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 36629/2017

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF THE TAX RECEIPT DATED 18.4.2017 ISSUED BY THE SEVENTH RESPONDENT.

EXHIBIT P2: TRUE COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK IN CONNECTION WITH THE PROPERTY OF PETITIONER.

EXHIBIT P3: TRUE COPY OF THE APPLICATION DATED 28.4.2017 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967.

EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 12.5.2017 IN WPC NO.16122/2017.

EXHIBIT P5: TRUE COPY OF THE ORDER DATED 27.9.2017 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P6: TRUE PHOTOGRAPHS OF THE PROPERTY OF PETITIONER.

EXHIBIT P7: TRUE COPY OF PROPOSED BUILDING PLAN OF THE PETITIONER.

EXHIBIT P8: TRUE COPY OF THE JUDGMENT DATED 7.8.2017 IN WPC NO.35133/2016.