Disposed

A.K.Santhosh v. State of Kerala

Kerala HC17 Oct 2013WP(C)/22751/2013

Case brief

AI extract

What is this about?

An industrialist filed a writ petition seeking correction of land classification since his property was recorded as 'Nilam' but defined differently under the Act. The court remanded the matter to the District Collector to examine if the land ceased to be paddy or wet land post-act commencement and to decide on its usage.

What did the court decide?

Petitioner directed to approach the 4th Respondent (District Collector) within two weeks; matter remanded to them for consideration within one month.

A.K.Santhosh 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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THURSDAY, THE 17TH DAY OF OCTOBER 2013/25TH ASWINA, 1935

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WP(C).No. 22751 of 2013 (T)

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PETITIONER:

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A.K.SANTHOSH, AGED 45 YEARS, S/O.KRISHNANKUTTY, RESIDING AT AZAKATH HOUSE, THOPPUMPADY P.O., PIN CODE - 682 002.

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BY ADV. SRI.PEEYUS A.KOTTAM.

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT ANNEXE, TRIVANDRUM - 695 001.

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2. ADDITIONAL TAHAZILDAR, TALUK OFFICE, PARUR, ERNAKULAM DISTRICT, PIN CODE- 683 519.

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3. VILLAGE OFFICER, VILLAGE OFFICE, KOTTUVALLI, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN CODE - 683 519.

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*ADDL.R4. IMPLEADED:

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4. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD, KOCHI - 682 030.

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*IS IMPLEADED AS ADDITIONAL R.4. AS PER ORDER DATED 17/10/2013 IN I.A. NO.13101/13.

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BY ADDL. ADVOCATE GENERAL,SRI.K.A.JALEEL, SR. GOVERNMENT PLEADER SRI. JOE KALLIATH.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C).NO.22751/2013-T:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: TRUE COPY OF SALE DEED NO.3561/2006 DATED 12/5/2006 OF PARVUR SUB REGISTRAR OFFICE IN FAVOUR OF THE PETITIONER.

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EXT.P2: TRUE COPY OF THE CERTIFICATE DATED 16/07/2013 ISSUED BY ADDITIONAL TAHAZILDAR, NORTH PARAVUR WITH REGARD TO THE PRESENT LIE AND NATURE OF 238 CENTS OF PROPERTY.

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EXT.P3: TRUE COPY OF APPLICATION DATED 22/7/2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.R. RAMACHANDRA MENON, J.

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========================

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W.P.(C). No. 22751 of 2013

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-------------------------------------------Dated this the 17th day of October, 2013

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JUDGMENT

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The petitioner is owner of the property having an extent of 61 cents in Sy No. 21/2/3 of Kottuvally Village, covered by Ext.P1 Sale Deed. The nearby 177 cents of property of the petitioner's relative in Sy.Nos. 18/2/2, 21/2/3 and 21/3 of the same Village

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are also lying alongside the petitioner's property as a single block. According to the petitioner, the above said properties are 'dry land' and is not a 'paddy land' or 'wet land' as per the definition under Sections 2(xii) and 2(xviii) of the Act 28 of 2008. The petitioner is running an industrial unit in the said property. The case of the petitioner is that, the property stands described as 'Nilam' in the 'BTR' and hence he filed Ext.P3 application before the 2nd respondent to correct the same, which is still to be acted upon and hence the writ petition.

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Heard the learned Government Pleader as well.

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After hearing both the sides, this Court finds that, the matter requires to be considered and finalized by the competent

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W.P.C. No.22751 of 2013

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-2-

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authority. It has to be ascertained whether the property is actually a 'paddy land' or 'wet land' as defined under Act 28 of 2008. The competent authority is the District Collector who has been impleaded as additional 4th respondent herein. In the said circumstance, the petitioner is relegated to approach the additional 4th respondent by filing necessary application for redressal of the grievance within 'two weeks' from the date of receipt of a copy of this judgment, upon which, the same shall be considered and appropriate orders shall be passed in the light of the observations made by the Division Bench of this Court as per the decision rendered in Praveen K. v. Land Revenue Commissioner, Thiruvananthapuram & Others ( 2010 (2) KLT 617) , holding that, if the property was not remaining as a 'paddy land' or 'wet land' as on the date of commencement of Act 28 of 2008, it has to be considered in terms of Clause 6 of the Karala Land Utilization Order, so as to enable the party to make use of the property for any other purpose than agricultural purpose. This shall be done at the earliest, at any rate within 'one month' thereafter.

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W.P.C. No.22751 of 2013

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-3-

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The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the additional 4th respondent for further steps. The writ petition is disposed of.

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P.R. RAMACHANDRA MENON, JUDGE.

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kp/-

A.K.Santhosh v. State of Kerala

Case brief

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A.K.Santhosh v. State of Kerala

Case brief

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