Gee Varghese Babu vs State Of Kerala
2024 Latest Caselaw 13265 Ker

Citation : 2024 Latest Caselaw 13265 Ker
Judgement Date : 23 May, 2024

Kerala High Court

Gee Varghese Babu vs State Of Kerala on 23 May, 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 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         WP(C) NO. 7939 OF 2016
PETITIONER:


            GEE VARGHESE BABU
            AGED 58 YEARS
            THACHIRETH HOUSE , PANAVELY P O, VETTIKKAVALA VILLAGE,
            KOTTARAKKARA, KOLLAM DISTRICT, PIN 691532

            BY ADVS.
            SRI.M.K.CHANDRA MOHANDAS
            SRI.DHRUV KUMAR
            SRI.PRATHEEK VISWANATHAN
            SMT.K.K.RAZIA
            SMT.REJI.C.RAJ
            SRI.K.SATHIYANANDAN PILLAY
            SRI.SHAKTHI PRAKASH


RESPONDENTS:


    1       STATE OF KERALA
            REP BY SECRETARY, DEPARTMENT OF REVENUE,
            THIRUVANANTHAPURAM 695001

    2       THE LAND REVENUE COMMISSIONERIC
            PUBLIC OFFICE BUILDINGS, MESEUM
            JUNCTION,THIRUVANANATHAPURAM 691109

    3       DISTRICT COLLECTOR
            KOLLAM 691001

    4       THE PRINCIPAL AGRICULTURAL OFFICER
            KOTTARAKKARA, (CONVENOR, DISTRICT LEVEL AUTHORISED
            COMMITTEE)691532,

    5       THE SECRETARY
            VETTIKKAVALA GRAMA PANCHAYATH, VETTIKKAVALA P O,
            KOTTARAKKARA, KOLLAM 691538

  ADDL.6    THE AGRICULTURAL OFFICER,
            CONVENER,
            LOCAL LEVEL MONITORING COMMITTEE,
            VETTIKAVALA GRAMA PANCHAYATH, KOTTARAKKARA, KOLLAM -
 W.P (C) No.7939 of 2016


                                 2

             691538
             IS IMPLEADED AS PER ORDER DATED 08.11.2016 IN
             I.A.NO.18129/16.
             BY ADVS.
             GOVERNMENT PLEADER

             SRI.RIYAL DEVASSY, GP




      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   23.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P (C) No.7939 of 2016


                                     3

                P.V.KUNHIKRISHNAN,J.
             ---------------------
                 W.P (C) No.7939 of 2016
          ---------------------------
            Dated this the 23rd day of May, 2024

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i) To issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to decalre that the petitioner is entitled to utilise his entire property in Block No.20, Re-Survey No.324/5 in Vettikkavala Village of Kottarakkara Taluk as dry land (purayidom).

ii) issue any other just and equitable order in the interest of justice under the given facts and circumstances, as this Hon'ble court may deem fit and proper." [SIC]

2. The main prayer in this writ petition is against

Ext.P2 order by which only a portion of the land of the

petitioner is allowed to use for the construction of a work

shop. The petitioner want the entire area to be used for his

own purpose. This writ petition is pending before this Court

from 2016 onwards. Ext.P2 is an order dated 28.12.2015.

This Court may not be able to decide the question because

there are disputed facts. In such circumstances, the

petitioner can be allowed to file a revision before the

Government under Clause 14 of the Kerala Land Utilisation

Order.

Therefore, this writ petition is disposed of with the

following directions:-

1) The petitioner is free to challenge Ext.P2 by filing appropriate revision before the 1st respondent within 30 days from the date of receipt of a certified copy of this judgment.

2) If such an revision is received, the 1st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner.