Sini Paul vs State Of Kerala
2024 Latest Caselaw 26343 Ker

Kerala High Court

Sini Paul vs State Of Kerala on 3 September, 2024

                                                             2024:KER:66851


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR.JUSTICE BASANT BALAJI

     TUESDAY, THE 3RD DAY OF SEPTEMBER 2024/12TH BHADRA, 1946

                          WP(C) NO. 27925 OF 2020

PETITIONER:

            SINI PAUL,
            AGED 44 YEARS,
            W/O. AJI, MARIYIL HOUSE, NELLAD P.O,
            ERNAKULAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY
            HOLDER, GIGI CHERIYAN, AGED 50 YEARS, S/O. CHERIYAN,
            THAMARAKUDY HOUSE, PANIPRA P.O, ERNAKULAM DISTRICT.

            BY ADVS.
            SALIM V.S.
            SRI.P.E.SAJAL
            SMT.A.M.FOUSI




RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2       THE REVENUE DIVISIONAL OFFICER,
            MUVATTUPUZHA - 686 661.

    3       THE TAHSILDAR,
            KUNNATHUNADU - 683 544.

            SR GP SRI. BIMAL K NATH


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.27925 of 2020


                                                               2024:KER:66851
                                        -2-

                               JUDGMENT

(Dated this the 3rd day of September, 2024)

The petitioner is the owner in possession of land having an

extent of 57.59 Ares in Block No.8, Resurvey No. 78/6-3 of

Chelamattom Village, Kunnathunad Taluk. An application was

submitted before the 2nd respondent under Clause 6(2) of the

Kerala Land Utilisation Order, 1967 for the conversion of Land for

other purposes. Since there was a delay in considering the

application, he approached this Court and obtained direction in

W.P.(C). No.38076 of 2017. Thereafter, Ext.P2 order was passed.

The petitioner challenged condition No.1 in Ext.P2 in W.P.(C).No.

31087 of 2019 and this Court by judgment dated 22.11.2019 set

aside condition No.1 and gave liberty to the petitioner to approach

the Tahasildar under Kerala Land Tax Act, 1961. The petitioner

filed Ext.P4 application before the Tahasildar on 12.09.2020. The

limited prayer of the petitioner is that the applications produced

as Ext.P4 is pending from 2020 onwards without any order and

therefore seeks a direction from this Court to dispose of same.

2. The learned Govt Pleader submits that, If Ext.P4 is

2024:KER:66851

pending without any orders, the same will be considered in

accordance with law.

Therefore, this writ petition is disposed of directing the 3 rd

respondent to take up Ext.P4, if it is pending without any orders as

on today, and pass appropriate orders within a period of two

months from the date of the receipt of a copy of this judgment.

The petitioner shall produce a copy of the writ petition in all

respects before the third respondent for compliance.

Sd/-

BASANT BALAJI JUDGE

ADS

2024:KER:66851

APPENDIX OF WP(C) 27925/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 10.11.2017 SUBMITTED BEFORE THE RDO, MUVATTUPUZHA.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 14.12.2018 PASSED BY THE RDO, MUVATTUPUZHA, COMPETENT AUTHORITY UNDER LAND UTILIZATION.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 22.11.2029 IN WP(C) 31087/2019.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 12.10.2020 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P4(a) TRUE COPY OF THE RECEIPT DATED 12.10.2020 ISSUED BY THE 3RD RESPONDENT.