IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4432 of 2011(D)
1. RAJEESH BABU, S/O. C.R.BHAVADAS,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. VILLAGE OFFICER, VILLAGE OFFICE,
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :11/02/2011
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C)No.4432 OF 2011
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Dated this the 11th day of February, 2011
J U D G M E N T
Petitioner is aggrieved of the delay on the part of the 1st
respondent in considering Ext.P2 application preferred by him
before the 1st respondent for clearance to construct a residential
building in the property covered by Ext.P1 title deed. According
to the petitioner, the said property is actually a dry land, though
the same has been described as ‘nilam’ in the revenue records.
It is in the said circumstances, that necessary application has
been preferred by the petitioner as contemplated in the relevant
provisions of law, which is sought to be acted upon through the
intervention of this Court.
2. Heard the learned Government Pleader as well, who
submits that the 1st respondent before whom Ext.P2 application
is pending has to consider first, whether the land is a ‘paddy
land’ or ‘wet land’ and only after ascertaining the actual nature
of the land, that further proceedings could be pursued as
provided under the relevant provisions of the Kerala Land
W.P.(C)No.4432 OF 2011
2
Utilization order.
3. After hearing both the sides, the writ petition is
disposed of, directing the 1st respondent to consider Ext.P2
application in accordance with law and in the light of the dictum
in Praveen v. Land Revenue Commissioner [2010 (2) KLT
617] and pass appropriate orders as expeditiously as possible, at
any rate within two months from the date of receipt of a copy of
this judgment.
P.R.RAMACHANDRA MENON
JUDGE
dmb