LAWS(KER)-2020-12-284

DISTRICT COLLECTOR Vs. RAVI P.D.

Decided On December 03, 2020
DISTRICT COLLECTOR Appellant
V/S
Ravi P.D. Respondents

JUDGEMENT

(1.) Instant writ appeal is filed against the judgment in W.P(C). No.41634 of 2018 dated 26.8.2019, whereby a learned Single Judge disposed of the writ petition by issuing certain directions.

(2.) Short facts leading to filing of appeal are that, writ petitioners/ respondents are the owners and in possession of 61 cents of land in R.S Nos.5-12-515/16, 5-12-515/1C and 516/1A of Kasaba Village of Kozhikode Taluk. Since the property is described as "Nanja" in BTR and for further developing the subject land, the writ petitioners filed Exhibit-P3 application under Clause 6(2) of the KLU Order before the Revenue Divisional Officer, Kozhikode, 2nd appellant, for regularizing the conversion and for change of use of the property.

(3.) When consideration of Exhibit-P3 was delayed, the writ petitioners moved this Court and as per Exhibit-P4 judgment dated 09.09.2016 in W.P. (C) No.30584 of 2016, direction was given to the 2nd appellant to dispose of Exhibt-P3. Thereafter, the 2nd appellant issued Exhibit-P5 order rejecting the application, on flimsy grounds, stating that order of regularization could be given in respect of only 5 cents in Municipal and Corporation and 10 cents in Panchayat area. Aggrieved by this, the writ petitioners filed W.P.(C) No. 20860/2017 and as per Exhibit-P8 judgment dated 23.10.2017, this Court quashed Exhibit-P5 proceedings dated 29.12.2016 and directed to pass fresh orders on the application submitted by the petitioners within a period of one month.