IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6420 of 2010(B) ------------------------------------- PETITIONER: ------------------- JHANCY PHILOMINE V.P., W/O. JOSHI AGED 51 YEARS, TEACHER, BALUMMEL HOUSE, 14/1908 A, CHULLICKAL, THOPPUMPADY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE REVENUE DIVISIONAL OFFICER (RDO), FORT KOCHI, ERNAKULAM. 2. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, ERNAKULAM. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6420 OF 2010 --------------------------------------- Dated this the 1st day of March, 2010. J U D G M E N T The main prayer in the writ petition is for a direction to the respondents to consider and dispose of Exhibit P4 application on the basis of Exhibit P3 certificate issued by the Public Information Officer, Regional Town Planning Office, Kadavanthra, Ernakulam and in the light of the decision of this Court in Reliance Industries Ltd. vs. The Commissioner of Land Revenue (2007(2) KLT 850). 2. The petitioner is having ownership of 21.500 cents of land situated in Survey No.554/4 of Elamkulam village. It is in a residential area. But, in the revenue records, the property was previously entered as Nilam. According to the petitioner, there is no cultivation in the said land for a period of more than 50 years. Exhibit P3 certificate shows that the land will come under the residential zone. 3. It is contended that in the light of the decision of this W.P.(C) No.6420/2010 2 Court in Reliance Industries Ltd. vs. The Commissioner of Land Revenue (2007(2) KLT 850) and other cases, the petitioner can fill the land without sanction as provided under the KLU Act if it comes within the limits of residential zone. The petitioner needs filling up of the land since it is lying at a lower level than the adjacent property. It is in these circumstances, the petitioner filed Exhibit P4 application before the 1st respondent. Exhibit P3 is the certificate issued by the Public Information Officer. There will be a direction to the 1st respondent to take a decision on Exhibit P4 in terms of Exhibit P3 certificate issued by the Public Information Officer and also in terms of the decision of this Court referred to above within a period of six weeks. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp