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2018 Supreme(Online)(KER) 35954
HIGH COURT OF KERALA
SHAJI P.CHALY, J
vs
WRIT PETITION (CIVIL) 24190/2018
SRI.P.K.SOYUZ, SRI.JELSON J.EDAMPADAM, SRI.P.M.MANOJ
The court underscored the necessity for timely administrative action on land utilization applications as mandated by law.
Headnote:
Property - Joint Ownership - Kerala Conservation of Paddy Land and Wet Land Act, 2008; Kerala Land Utilisation Order, 1967 - The court directed the prompt consideration of a land utilization application, emphasizing timely review under relevant provisions.
Fact of the Case:
The petitioner, a joint owner of land, contested its incorrect classification as 'Nilam' in revenue records while applying for removal from the data bank established under the relevant land conservation act.
Finding of the Court:
The court directed the authority to expedite the proceedings related to the petitioner's application for land utilization within three months, highlighting the importance of adherence to statutory guidelines.
Issues: Whether the application for land utilization should be expedited in light of the petitioner's claims regarding incorrect property classification in revenue records.
Ratio Decidendi: The court reaffirmed the significance of prompt processing of applications related to land utilization under established statutory frameworks to ensure proper land management.
Final Decision: Petition disposed with a direction to finalize proceedings within three months.
J U D G M E N T
Petitioner is the joint owner of an extent of 16.79 Ares of property comprised in Sy.Nos.490, 491/4 and 696/1 of Muriyad Village, Mukundapuram Taluk along with his brother in law one Mr. Renjith Kurian. The case of the petitioner is that, even though a portion of property is remaining as 'dry land', the property categorized in Sy.Nos.491/4 and 696/1 are mistakenly included in the revenue records as well as in BTR as 'Nilam'. It is also included in the data bank constituted under the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008. According to the petitioner, he had submitted an application and the property is removed from the data bank, evident from Ext.P3. Thereafter, the petitioner has submitted Ext.P4 application before the 1st respondent, in accordance with the provisions of Kerala Land Utilisation Order, 1967, petitioner seeks direction for early consideration of the same, taking into account Ext.P6 Circular.
2. Having heard learned counsel for the petitioner and learned Senior Government Pleader, there will be a direction to the 1st respondent to finalize the proceedings pertaining to Ext.P4, at the earliest possible time, and at any rate, within three months from the date of receipt of a copy of this judgment, taking into account Ext.P6 circular also.
The writ petition is disposed of accordingly.
