Sirly Jose vs The Revenue Divisional Officer
2024 Latest Caselaw 18489 Ker

Kerala High Court

Sirly Jose vs The Revenue Divisional Officer on 27 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                         WP(C) NO. 4216 OF 2018
PETITIONER:
          SIRLY JOSE
          S/O JOSE JOSEPH,AGED 52 YEARS,
          VALIAPARAMBIL HOUSE,KARIMBA.P.O,KARIMBA I VILLAGE,
          MANNARKKAD TALUK,PALAKKAD DISTRICT.
          BY ADV SRI.P.M.ZIRAJ

RESPONDENTS:

      1      THE REVENUE DIVISIONAL OFFICER
             PALAKKAD DISTRICT,PIN-678597.
      2      THE DISTRICT COLLECTOR
             PALAKKAD DISTRICT,PIN-678597.
      3      THE LOCAL LEVEL MONITORING COMMITTEE
             KARIMBA,REPRESENTED BY ITS CONVENER,AGRICULTURAL
             OFFICER,KRISHI BHAVAN,KARIMBA,PALAKKAD
             DISTRICT,PIN-678597.
      4      THE DISTRICT LEVEL AUTHORIZED COMMITTEE
             PALAKKAD DISTRICT,REPRESENTED BY ITS
             CHAIRMAN,DIVISIONAL
             OFFICER(RDO),OTTAPALAM,PALAKKAD DISTRICT,PIN-
             678597.
      5      THE STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,REVENUE
             DEPARTMENT,GOVERNMENT OF KERALA,GOVERNMENT
             SECRETARIAT,THIRUVANANTHAPURAM-695001.
      6      THE VILLAGE OFFICER
             KARIMBA-I VILLAGE,PALAKKAD DISTRICT,PIN-678597.
      7      KARIMBA GRAMA PANCHAYATH
             PALAKKAD DISTRICT,PIN-678597,
             REPRESENTED BY ITS SECRETARY.
      8      THE SECRETARY
             KARIMBA GRAMA PANCHAYATH,
             PALAKKAD DISTRICT,PIN-678597.
             SRI.B.S.SYAMANTAK, GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.4216/2018

                                        2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.4216 of 2018
             ----------------------------------------------
            Dated this the 27th day of June, 2024


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction to the first respondent to consider and dispose the application submitted by the petitioner under Kerala Land Utilization Order in the light of judgment of this honorable court in Puthen Purackal Joseph Vs. revenue Divisional Officer reported in 2015 (3) KLT page 182, Revenue Divisional Officer Vs. Jalaja Dileep reported in 2015(1) KLT 984, Adani Infrastructure & developers Pvt Ltd Vs state of Kerala reported in 2015 (1) KLT 651 and Praveen. K Vs land revenue commissioner reported in 2010(2) KLT 617 within a reasonable period fixed by this Honourable court.

ii. Direct the sixth respondent to make new entries in village records and basic tax register regarding taxation of the property of petitioner on the basis of the judgment of this Honourable court in Kizhakkambalam Grama panchayath and others

Vs. Mariyumma and another reported in 2015(2) KLT 516 since the land of petitioner is a converted land before introduction of Acct 28 of 2008.

iii. Direct the seventh respondent to permit the petitioner to construct a building on the basis of exhibit P8 building plan.

iv. 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. The main prayer in this writ petition is to consider

and pass orders in Ext.P5 application filed under Section 6(1)

of the Kerala Land Utilization Order.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. If Ext.P5 is received and pending as on today, there

can be a direction to the 1 st respondent to pass final orders in

it within a time frame.

Therefore, this writ petition is disposed of with following

directions:

1. The 1st respondent is directed to

consider and pass appropriate orders in

Ext.P5, if it is received and pending as

on today, as expeditiously as possible, at

any rate, within three months from the

date of receipt of a copy of this

judgment.

2. If already orders are passed in Ext.P5, a

copy of the order should be

communicated to the petitioner during

the above period itself.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 4216/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 6.5.2017 ISSUED BY THE SIXTHN RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.10.2017 ISSUED BY THE SIXTH RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.6265/2013 DATED 30.10.2013 OF MANNARKKAD SUB REGISTRY OFFICE EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SIXTH RESPONDENT CERTIFYING THAT THE PROPERTY OF PETITIONER IS NOT INCLUDED IN THE DRAFT DATA BANK EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 1.2.2018 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER,1967 EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT DATED 3.2.2018 EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 8.12.2017 ISSUED BY THE SEVENTH RESPONDENT EXHIBIT P8 TRUE COPY OF THE PROPOSED BUILDING PLAN.