High Court Kerala High Court

Tintumon vs The State Of Kerala on 3 June, 2009

Kerala High Court
Tintumon vs The State Of Kerala on 3 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9342 of 2009(K)


1. TINTUMON S/O. JOY JOSEPH,
                      ...  Petitioner
2. TIBET JOY S/O. JOY JOSEPH,

                        Vs



1. THE STATE OF KERALA, REP. BY
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. THE TAHSILDAR,

4. THE VILLAGE OFFICER,

5. THE CHAIRMAN/THE PANCHAYATH PRESIDENT

6. THE SECRETARY,

7. THE AGRICULTURAL OFFICER/

                For Petitioner  :SRI.C.R.SIVAKUMAR

                For Respondent  :SRI.V.G.ARUN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/06/2009

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

  = = = = = = = = = = = = = = = = = = = = = = = =

            W.P.(C).No.9342 of 2009-K

  = = = = = = = = = = = = = = = = = = = = = = = =

        Dated this the 3rd day of June, 2009.

                     JUDGMENT

1.Service complete. Sixth respondent appears.

Learned Government Pleader appears for

respondents 1 to 4.

2.Petitioners made Exts.P3 and P4 applications

dated 4.10.2008 for conversion of an item of land

under the provisions of the Kerala Conservation

of Paddy Land and Wet Land Act, 2008. They also

filed applications dated 16.10.2008 for permit to

construct building. By Exts.P5 and P6, the

requests for building permits were rejected on

the ground that the competent authority has

decided that the petitioners are not entitled to

an order for conversion of land under the

aforesaid Act. There is nothing on record to show

that any order was issued either on Ext.P3 or on

Ext.P4 which are under the aforesaid Act and are

not applications for building permit.

WP(C)9342/09 -: 2 :-

For the aforesaid reasons, the impugned Exts.P5

and P6 are quashed and respondents 5 and 7 are

directed to ensure that the competent committee

decides on Exts.P3 and P4 and issues its decision

thereon in accordance with law at the earliest,

at any rate, within two months. The applications

of the petitioners for building permit will be

taken up by the sixth respondent de novo after

the committee renders such decision. The writ

petition is ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/050609