IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 15860 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------ SUKUMARAN, S/O.KUTTIKRISHNAN, AGED 65 YEARS, MANIKKATHKALAM, NALLEPULLY P.O. PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD.PIN- 678 001 2. VILLAGE OFFICER, VILLAGE OFFICE, KANNADI VILLAGE, PALAKKAD.PIN-678 001 R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.15860/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE POSSESSION CERTIFICATEIN RESPECT OF THE PETITIONER'S PROPERTY DATED 04/05/2011. P2 COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.15860 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated the 14th day of June, 2011 JUDGMENT The petitioner, who is stated as the owner of the property in question, which according to the petitioner is a “dry land”, though the same is described as “Nilam” in the revenue records, approached the first respondent by filing Ext.P2 application seeking for necessary clearance under the Kerala Land Utilization Order, 1967. Delay in considering and finalising the same is challenged in this writ petition. 2. Heard the learned Government Pleader also. The learned counsel for the petitioner submits that the petitioner has every right to reclaim the property as “dry land”, as admittedly no cultivation for is being pursued in the property for several decades and that the physical nature of the property reveals that the same is nothing but a “dry land”. Reliance is also sought to be placed on the law declared by this Court in Praveen v. Land Revenue Commissioner ((2010) 2 KLT 617). In the above circumstances, there will a direction to the first respondent to consider Ext.P2 application in the light of the relevant provisions of law and also thedictum as per the decision W.P(C) NO.15860 of 2011(F) -:2:- cited in Praveen v. Land Revenue Commissioner (supra) and final orders shall be passed after giving an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent, for further steps. Sd/- P.R.RAMACHANDRA MENON JUDGE //TRUE COPY// P.A. TO JUDGE krj