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2018 Supreme(Online)(KER) 61615
HIGH COURT OF KERALA
SHAJI P.CHALY, J
HASSAN.P.M – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/17541/2018
SRI.BABU CHERUKARA, SRI.ANZAR BASHEER
Petitioner's application must be considered legally, with verification of land classification, ensuring timely resolution.
Headnote:
Land - Possession - Kerala Land Utilization Order - Act Section List - The court directed the respondent to consider the petitioner's application regarding land use, emphasizing the importance of verifying the land’s classification and processing the application within a specified timeframe.
Fact of the Case:
The petitioner claims possession and cultivation of 4.80 Ares of property since 1987, arguing it is unsuitable for paddy cultivation and not included in the relevant data bank.
Finding of the Court:
The court ordered the third respondent to consider the petitioner's application in accordance with law, ensuring verification of the land's status, requiring a decision within three months.
Issues: Whether the petitioner's application for land utilization will be accepted and processed by the third respondent.
Ratio Decidendi: The imperative to evaluate the petitioner's claims regarding land classification as unsuitable for paddy cultivation before making a decision.
Final Decision: Writ petition disposed of with directions.
JUDGMENT
According to the petitioner, petitioner is in possession, ownership and enjoyment of an extent of 4.80 Ares of property situate in Survey No. 685/25 of Trikkakara North Village, right from the year 1987, and is cultivated with plantain. It is also submitted that the property is not suitable for paddy cultivation and it is also not included in the data bank prepared by the authority as per the provisions of Kerala Conversation of Paddy and Wetland Act. Therefore, petitioner has submitted Ext. P8 application invoking Clause 6 of the Kerala Land Utilization Order , which is pending consideration before the third respondent, seeking direction for early disposal of the same.
2. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the third respondent to consider Ext. P8, in accordance with law, if required after securing the veracity of the contentions raised by the petitioner that the land is not included in the data bank, and attain finality, at the earliest possible time, and at any rate, within three months from the date of receipt of a copy of this judgment. Petitioner is also directed to produce a copy of this writ petition along with the appended documents before the third respondent.
The writ petition is disposed of accordingly
