Disposed

Korathodi Unnikrishnan v. State of Kerala

Kerala HC11 Oct 2013WP(C)/1604/2013

Case brief

AI extract

What is this about?

The petitioner sought to correct the land classification of his property from paddy (Nilam) to dry land under Act 28 of 2008. The court directed the Agricultural Officer to inspect the property and forward the matter to the Local Level Monitoring Committee for final disposal within two months.

What did the court decide?

The petitioner shall be directed to go before the Additional Fifth Respondent to get a copy of this judgment and implementation of the relief granted.

Korathodi Unnikrishnan Vs State of Kerala — Land Acquisition | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 11TH DAY OF OCTOBER 2013/19TH ASWINA, 1935

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WP(C).No. 1604 of 2013 (A)

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PETITIONER(S):

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KORATHODI UNNIKRISHNAN, S/O. THANKAPPAN, KORATHODI HOUSE, PALAKKAYAM VILLAGE, KORANAKKUNNU DESOM, MANNARKKAD TALUK, P.O. IRUBAKACHOLA-678 591.

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BY ADV. SRI.M.K.CHANDRA MOHANDAS.

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT COLLECTOR, ERNAKULAM-682 011.

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3. THE TAHSILDAR, ALUVA, ALUVA TALUK, PIN-683 583.

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4. THE VILLAGE OFFICER, VILLAGE OFFICE, CHENGAMANAD-683 575.

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ADDL. R5 IMPLEADED

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5. THE AGRICULTURAL OFFICER, CONVENER, LOCAL LEVEL MONITORING COMMITTEE, ALUVA-683 516. (DATA BANK).

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*** ADDL. R5 IS IMPLEADED AS PER ORDER DATED 11/10/2013 IN I.A. NO.13081/2013.**

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BY SR. GOVT. PLEADER SMT.M.J. RAJASREE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 1604 of 2013 (A)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE REPRESENTATION DATED 05/12/2012 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.A. TO JUDGE

rs.

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No.1604 OF 2013

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Dated this the 11^th day of October, 2013

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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“i) issue a writ of mandamus or any other writ, order or direction directing the 3^rd respondent Tahsildar, to consider Ext.P1 representation and make appropriate corrections in the Basic Tax Register correcting the category of the petitioner's plot as dry land ( purayidam) instead of Nilam.

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ii) issue a writ of mandamus or any other writ, order or direction directing the respondent to issue fresh possession certificate on the basis of the correction made in the Basic Tax Register so as to enable the petitioners to consider their plot as dry land ( purayidam)

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iii) to declare that an extent of 1 acre and 50.60 cents ( 60.95 Hector) of land in 235/4, 235/5, 235/5-2 of Chengamanad village, Aluva Taluk, Ernakulam district described in the Sale Deed Nos. 8865/2007, 3573/2008 of Chengamad

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W.P.(C)No.1604/2013

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Sub Registry Office is not suitable for paddy cultivation and be treated as dry land.

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And

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iv) issue any other just and equitable order in the interst of justice under the given facts and circumstances, as this Hon'ble Court may deem fit and proper.”

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The case of the petitioner is that the property owned,

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possessed and enjoyed by the petitioner is not 'paddy land' or 'wet land' as defined under the relevant provisions of Act 28 of 2008 and that the same is a 'dry land'. The grievance is with regard to inclusion of the same as 'Nilam' in the Basic Tax Register.

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A statement has been filed on behalf of the third respondent pointing out that the property stands included in the Data Bank Register as 'paddy land'. In response to this, the petitioner has asserted in the affidavit filed in support of I.A. No.13081/2013 that, such inclusion is without considering the material facts regarding the real nature of the property and it is accordingly, that the Agricultural Officer, who is the convener of the Local Level Monitoring Committee

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has been brought into the party array, as the additional 5^th respondent,

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W.P.(C)No.1604/2013

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as per the said I.A.. The learned counsel for the petitioner submits that

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the only relief pressed before this Court is to cause the property to be

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inspected by the additional fifth respondent and to place the matter for consideration before the Local Level Monitoring Committee and to finalise the proceedings accordingly.

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Heard the learned Government Pleader as well.

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In the above facts and circumstances, the writ petition is disposed of, directing the additional fifth respondent to inspect the property of the petitioner and to place the matter for consideration before the Local Level Monitoring Committee and to finalise the proceedings at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the additional fifth respondent for further steps.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.1604/2013 4

Korathodi Unnikrishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Korathodi Unnikrishnan v. State of Kerala

Case brief

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