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Kerala High Court
Wp(C).No. 15667 Of 2013 (G) vs By Adv. Sri.S.Murali on 25 June, 2013

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH DAY OF JUNE 2013/4TH ASHADHA, 1935 WP(C).No. 15667 of 2013 (G)

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PETITIONER(S):

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1. JOY ALIAS KURIAN, AGED 80,

MANNULLY HOUSE, KADAVANTHRA P.O., ELAMKULAM VILLAGE ERNAKULAM DISTRICT.

2. VEENA JOY, AGED 50 YEARS,

DAUGHTER OF JOY ALIAS KURIAN, MANNULLY HOUSE KADAVANTHRA P.O., ELAMKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.S.MURALI

RESPONDENT(S):

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*1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR

MALAPPURAM DISTRICT-676505.(CORRECTED)

2. REVENUE DIVISIONAL OFFICER

FORT KOCHI, ERNAKULAM DISTRICT-682002.

3. TAHASILDAR

KANAYANNUR TALUK, ERNAKULAM DISTRICT-682031.

4. VILLAGE OFFICER

ELAMKULAM VILLAGE, ERNAKULAM DISTRICT-682031. (*FIRST RESPONDENT CORRECTED AS STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR ERNAKULAM VIDE ORDER DATED 25.06.2013 IN I.A NO.8348 OF 2013)

BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MNS

WP(C).No. 15667 of 2013 (G)

APPENDIX

PETITIONER(S)' EXHIBITS:

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EXHIBIT P1- TRUE COPY OF DEED OF WILL NO.6/111/70 DATED 28-1-1970. EXHIBIT P2- TRUE COPY OF PROPERTY TAX RECEIPT PAID BY THE PETITIONERS B.NO. 32806, 32806 WITH SERIAL NO. 3280504, 3280505 DATED 11-5-2012 ISSUED BY VILLAGE OFFICER, ELAMKULAM. EXHIBIT P3- TRUE COPY OF EXTRACT OF THE THANDAPER REGISTER NO. 20889, 20890 MAINTAINED BY THE 4TH RESPONDENT. EXHIBIT P4- TRUE COPY OF THE REPRESENTATION DATED 2-3-2013 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. EXHIBIT P5- TRUE COPY OF COMMUNICATION NO. K-3671/13 OF THE SUB COLLECTOR, FORT KOCHI DATED 29-5-2013. RESPONDENT(S)' EXHIBITS:NIL

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//TRUE COPY//

P.A.TO JUDGE

P.R.RAMACHANDRA MENON, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(c) No.15667 OF 2013

- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2013 JUDGMENT

The petitioners have approached this Court with the following prayers :

"1. To issue a writ of mandamus or other appropriate writ or direction commanding the 1st respondent to dispose of Ext.P4 representation pending before the 1st respondent within a fixed time frame.

2. Issue such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

2. The learned counsel for the petitioners submits that the only relief pressed before this Court is to cause Ext.P4 application preferred before the first respondent for re-categorisation of the land in question, for the reason that the land in question is not a paddy land as envisaged under the relevant provisions of Act 28 of 2008, to be considered and finalised within a reasonable time.

3. The learned Government Pleader submits that a report has W.P.(C)No.15667/2013 2 already been forwarded by the second respondent to the first respondent vide Ext.P5 and that appropriate orders will be passed by the first respondent on Ext.P4 within the shortest possible time.

4. In the above circumstances, the writ petition is disposed of, directing the first respondent to consider Ext.P4 and pass appropriate orders in the light of Ext.P5 and such other materials and also in the light of the law declared by the Division Bench of this Court in Praveen v. Land Revenue Commissioner ( 2010 (2) KLT 617, after giving an opportunity of hearing to the petitioners at the earliest, at any rate within 'two months' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. P.R.RAMACHANDRA MENON

JUDGE

sv.

W.P.(C)No.15667/2013 2