Kerala High Court
Johny Chacko vs The Revenue Divisional Officer (Rdo) on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 10131 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 10131 OF 2017
PETITIONER/S:
JOHNY CHACKO
S/O.CHACKO, AGED 60 YEARS, PALLATHU NAMBYA PARAMBIL
HOUSE,KALAYANTHANI, KALAYANTHANI P.O., KARIKKOD
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT
BY ADV SRI.P.M.ZIRAJ
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER (RDO)
IDUKKI, IDUKKI DISTRICT-685588
2 THE DISTRICT COLLECTOR
IDUKKI DISTRICT-685588
3 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
IDAVETTY, IDUKKI DISTRICT-685585
4 THE DISTRICT LEVEL AUTHORIZED COMMITTEE
IDUKKI DISTRICT, REPRESENTED BY ITS CHAIRMAN,REVENUE
DIVISIONAL OFFICER (RDO), IDUKKI, IDUKKI DISTRICT-
685588
5 KERALA STATE REMOTE SENSING AGENCY AND ENVIRONMENT
CENTREKSRSEC
VIKAS BHAVAN, C.BLOCK, THIRUVANANTHAPURAM, KERALA-
WP(C) NO. 10131 OF 2017 2
695033REPRESENTED BY THE DIRECTOR
6 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT,GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10131 OF 2017 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 10131 of 2017
--------------------------------------
Dated this the 28th 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 P1 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 him to use the land of petitioner which is the
subject matter of exhibit P1 for other purposes beneficial to
him including construction of commercial and residential
building.
3. 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 impugned order in this case is Ext.P1 order
passed by the Revenue Divisional Officer as per Clause 6 of
the Kerala Land Utilization Order, 1967 (for short 'KLU
Order). The petitioner has got a remedy against the same as
per the KLU order itself by filing a revision before the
Government. Therefore, I am of the considered opinion that
the petitioner can be relegated to file a revision before the 6 th
respondent.
Therefore, this writ petition is disposed of with the
following directions :
1) The petitioner is free to file a revision as per the KLU
Order against Ext.P1 order before the 6 th respondent
within 60 days from the date of receipt of a certified copy
of this judgment.
2) If such a revision is received, the 6 th respondent will
consider the same and pass appropriate orders, after
giving an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within four months
from the date of receipt of the revision.
3) All the contentions raised by the petitioner in this writ
petition are left open and the petitioner is free to agitate
the same before the Government in the revision.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 10131/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 4.12.2015
ISSUED BY THE FIRST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT OF THE
PROPERTY OF PETITIONER DATED 8.1.2014
ISSUED BY THE VILLAGE OFFICER, KARIKKODE
VILLAGE
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF DRAFT
DATA BANK PREPARED UNDER ACT 28 OF 2008
ISSUED BY THE VILLAGE OFFICER, KARIKKODE
VILLAGE
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12.2.2016
IN WP.(C) NO.766 OF 2016
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 8.6.2016
ISSUED BY THE SECOND RESPONDENT
