IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 1219 of 2010(B) --------------------------------------- PETITIONER(S): ------------------------ 1. K.I.PAULOSE, AGED 55 YEARS, S/O.IYPE, KAVIKUNNEL HOUSE, VALAKAM VILLAGE, KUNNAIKKAL KARA, MUVATTUPUZHA. 2. JACKSON MATHEW, AGED 52 YEARS, S/O.E.M.CHACKO, ERUMBAYIL HOUSE, POTHANICAD, KOTHAMANGALAM, REP. BY HIS FATHER & POWER OF ATTORNEY HOLDER, E.M.CHACKO, S/O.MATHAI, ERUMBAYIL HOUSE, POTHANICAD, KOTHAMANGALAM. BY ADV. MR.PEEYUS A.KOTTAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, COCHIN - 682 030. 3. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA 4. VILLAGE OFFICER, VALLURKUNNAM VILLAGE. BY SR. GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1219 OF 2010 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The 1st petitioner and his wife are the owners of 120 cents of property comprised in survey No.845/2 of Vallurkunnam village which was purchased as per Exhibit P1. The 2nd petitioner and his wife are the owners in possession of nearly 1 acre of land comprised in Survey No.845/2 of Vallurkunnam village. The said property was purchased by them as per registered sale deed No.1562/2007. 2. It is the case of the petitioners that even though the classification of the properties going by the revenue records is as Nilam, for the last more than 25 years, these properties are lying as dry land with coconut trees. The coconut trees are aged more than 25 years. The petitioners want to construct residential buildings in the property. Since the properties are lying in low laying plot from the surrounding properties, they sought W.P.(C) No.1219/2010 2 permission to develop the land by raising its height for the purpose of carrying out the construction activities. Exhibit P2 is the said representation. It was forwarded by the 3rd respondent to the Tahsildar, Muvattupuzha for report. Later, the Tahsildar conducted an enquiry and submitted a detailed report which is produced as Exhibit P3. It is submitted that so far no action is being taken in the matter. 3. It is the further case of the petitioners that in a similar case by Exhibit P4 in W.P.(C) No.34324/2008, this Court directed the Revenue Divisional Officer to pass an order and accordingly, he passed Exhibit P5 order. Learned counsel for the petitioners brought to my notice the decision of a learned Single Judge of this Court in Jayakrishnan vs. District Collector and others (2008(4) KHC 514) wherein a similar direction was issued. In the light of the fact that the matter is pending before the Revenue Divisional Officer, there will be a direction to the Revenue Divisional Officer namely, 3rd respondent herein to take a decision on Exhibit P2 in the light of Exhibit P3 report within a period of one month from the date of receipt of a copy of this W.P.(C) No.1219/2010 3 judgment. The petitioners will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp