Kerala High Court
Thomas.M.L vs The Revenue Divisional Officer (R.D.O) on 28 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 33721 OF 2017
PETITIONER:
THOMAS.M.L, S/O.LONAPPAN,
AGED 60 YEARS, MANJALI HOUSE, PALLIKUNNU,
VARANDARAPPILLY VILLAGE, CHALAKKUDY TALUK,
THRISSUR DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER (R.D.O)
THRISSUR, THRISSUR DISTRICT, PIN-680001
2 THE DISTRICT COLLECTOR
THRISSUR DISTRICT, PIN - 680001
3 THE LOCAL LEVEL MONITORING COMMITTEE
VARANTHARAPPILLY, REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
VARANTHARAPPILLY, THRISSUR DISTRICT, PIN - 680001
4 THE DISTRICT LEVEL AUTHORIZED COMMITTEE,
THRISSUR DISTRICT, REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO), THRISSUR,
THRISSUR DISTRICT, PIN - 680001
5 KERALA STATE REMOTE SENSING AGENCY AND
ENVIRONMENT CENTRE (KSRSEC)
VIKAS BHAVAN, C. BLOCK, THIRUVANANTHAPURAM,
KERALA 695033 REPRESENTED BY THE DIRECTOR.
6 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001
7 THE VILLAGE OFFICER, VARANTHARAPPILLY VILLAGE,
THRISSUR DISTRICT, PIN - 680001
8 VARANTHARAPPILLY GRAMAPANCHAYAT
VARANTHARAPPILLY P.O., THRISSUR DISTRICT 680001
REPRESENTED BY ITS SECRETARY
W.P.(C) No.33721 of 2017
2
9 THE SECRETARY,
VARANTHARAPPILLY GRAMA PANCHAYATH,
VARANTHARAPPILLY P.O.,
THRISSUR DISTRICT - 680001
BY ADV.
SRI.C.A.CHACKO
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 28.05.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.33721 of 2017
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 33721 of 2017
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Dated this the 28th day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"1. Issue a writ of mandamus or any other
appropriate writ, order or direction to the first
respondent to consider the exhibit P5 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.
2. Direct the first respondent to allow the
petitioner to use his land for other purposes
beneficial to him under Clause 6 of Kerala Land
Utilization Order.
3. Direct the eighth respondent to receive
and consider exhibit P4 building plan of petitioner
without taking into the account that the land of the
petitioner has been mentioned as Nilam in the
village records.
4. Declare that there is no bar or ban for
considering the application for building permit and
plan by the eighth and ninth respondents for
construction of building in a land which has been
mentioned as converted land in the draft data bank
eventhough the same has been classified as Nilam
in the village records.
5. 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, the learned Government Pleader
submitted that the property is included in the Data
Bank. If that be the case, the petitioner can take
steps as per the Kerala Conservation of Paddy land
and Wet Land Act, 2008.
Granting liberty to the petitioner to do the
needful in accordance with the law, this Writ petition
is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
