IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 27436 of 2010(D) -------------------------- PETITIONER(S): -------------------- KOCHUPAUL DAVIS, AGED 30 YEARS, S/O. K.P.DAVIS, KAVALAKKAT HOUSE, VADAMA P.O., THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ----------------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR-680001. 2. TAHSILDAR, TALUK OFFICE, IRINJALAKUDA-680014. 3. VILLAGE OFFICER, VILLAGE OFFICE, IRINJALAKUDA-680014. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27436 OF 2010 (D) ===================== Dated this the 29th day of September, 2010 J U D G M E N T According to the petitioner, in respect of a property situated within the limits of Irinjalakuda Town, he made an application to the 1st respondent for permission in terms of the Kerala Land Utilization Order. That application has been rejected by Ext.P7 order on the ground that as per the village records, land is a paddy field. It is challenging this order, writ petition is filed. 2. Petitioner submits that even the village records itself do not support the conclusion in Ext.P7. Petitioner also relies on judgments of this Court, which according to the petitioner supports his case that the actual state of affairs is what is relevant to be examined. 3. Although these contentions have been raised by the petitioner, a perusal of Ext.P7 show that none of these aspects are adverted to by the 1st respondent. Therefore, Ext.P7 order reflects non application of mind and in that view of the matter, I set aside Ext.P7 and direct the 1st respondent to reconsider the application made by the petitioner with notice to him duly adverting to the WPC No. 27436/10 :2 : documents relied on and produced by the petitioner. 4. Orders as above shall be passed, at any rate within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp