Disposed

Mambally Abdul Nasar v. State of Kerala

Kerala HC11 Nov 2013WP(C)/6120/2013

Case brief

AI extract

What is this about?

Petitioners challenged land classification in the Data Bank Register. Court directed the impleaded Local Level Monitoring Committee to consider an application for corrigendum after site inspection within two months of receipt.

What did the court decide?

Petitioners directed to approach the Local Level Monitoring Committee for correction in the Data Bank Register within two weeks; Committee directed to conduct site inspection and pass orders within tw

Mambally Abdul Nasar 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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MONDAY, THE 11TH DAY OF NOVEMBER 2013/20TH KARTHIKA, 1935

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WP(C).No. 6120 of 2013 (L)

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PETITIONER(S) :

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1. MAMBALLY ABDUL NASAR, S/O.MUHAMMED, MAMBALLY HOUSE, VALLUVANGADU MALAPPURAM

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2. ULLATTUPARA MUHMD. SHIBILI S/O.MUHAMMED, ULLATTUPARA HOUSE, PATTIKADU MALAPPURAM.

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3. RAHMATH ULLATTUPARA W/O.MUHD. HARIS, ULLATTUPARA HOUSE, PATTIKADU MALAPPURAM.

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4. KADEEJA ULLATTUPARA

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W/O.ABDUL ASEEZ, ULLATTUPARA HOUSE, PATTIKADU MALAPPURAM.

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5. ULLATTUPARA MUHAMED SHIJAS S/O.MOHD., ULLATTUPARA HOUSE, PATTIKADU MALAPPURAM.

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6. RASHAD ULLATTUPARA

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S/O.ABDUL ASEES, ULLATTUPARA HOUSE, PATTIKADU MALAPPURAM.

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7. MUHD. RAFEEQUE KARAKKADAN S/O.MOHD., KARAKKADAN HOUSE, VALLUNGADU PO MALAPPURAM.

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8. ULLATTUPARA MUHAMMED

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S/O.MOIDEENKUTTY, ULLATTUPARA HOUSE, PATTIKADU MALAPPURAM.

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9. ULLATTUPARA RASHEEDA W/O.KARAKKADAN MOHD., KARAKKADAN HOUSE,

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VALLUNGADU PO., MALAPPURAM.

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BY ADVS.SRI.M.K.CHANDRA MOHANDAS SMT.K.K.RAZIA

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...2/-

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WP(C).No. 6120 of 2013 (L) -2-

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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, MALAPPURAM 676 505. 3. THE TAHSILDAR, PERINTHALMANNA - 679 322. 4. THE VILLAGE OFFICER VILLAGE OFFICE, PERINTHALMANNA-679 322 ADDL. R5 IMPLEADED

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**5. THE AGRICULTURAL OFFICER CONVENOR, LOCAL LEVEL MONITORING COMMITTEE PERINTHALMANNA, MALAPPURAM - 676 125. IS IMPLEADED AS ADDL. R5 AS PER ORDER DATED 11.11.2013 IN

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IA NO. 14835/2013. R1 TO R5 BY SPL. GOVT. PLEADER (REVENUE) SRI. P.K. SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 11-11-2013, ALONG WITH WP(C) NO. 6121/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 6120 of 2013 (L)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1 PHOTOGRAPH OF THE PROPERTY. EXT.P2 COPY OF THE REPRESENATION DATED 22.11.2012 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS :

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EXT.R3(a) COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK.

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//TRUE COPY// P.A. TO JUDGE Mn

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P.R. RAMACHANDRA MENON, J.

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

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W.P.(C). Nos. 6120 & 6121 of 2013

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-------------------------------------------Dated this the 11^th day of November, 2013

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JUDGMENT

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The issues involved in both these writ petitions are similar and hence they are dealt with together. The petitioners are owners of concerned extent of properties in Sy.Nos. 72/4, 72/5 and 72/7 of Perinthalmanna Village (W.P.C 6120/13) and in Sy.No.297/1 of Wandoor Village, Nilambur Taluk, Malapppuram District (W.P.C 6121/13). According to the petitioners, the above said properties are 'dry land' and are not 'paddy land' or 'wet land' as per the definition under Sections 2(xii) and 2(xviii) of the Act 28 of 2008. There are several improvements such as coconut/arecanut palms and other trees of more than 20 years in the said properties which are stated as reclaimed years before

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the commencement of Act 28 of 2008. The case of the petitioners is that, the properties stand described as 'Nilam' in the 'BTR' and hence Exts. P2 and P3 representations were filed before the 3^rd respondent to correct the same, which are still to be acted upon, and hence the writ petitions.

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Heard the learned Government Pleader as well, who

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submits on instructions that the properties are included in the

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W.P.C. Nos. 6120 & 6121/13 -2-

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Data Bank Register and if the said entry has to be corrected, it has to be done by the Local Level Monitoring Committee.

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The concerned Local Level Monitoring Committee has been impleaded as additional 5^th respondent in both the cases. In the said circumstance, the petitioners are relegated to approach the additional 5^th respondent with necessary application for the redressal of the grievance within two weeks from the date of receipt of a copy of this judgment; upon which the additional 5^th respondent shall consider the same and appropriate orders shall be passed in accordance with law for effecting correction in the Data Bank Register, after conducting a site inspection with notice to the petitioners at the earliest, at any rate, within 'two months' thereafter.

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The petitioners shall produce a copy of the judgment along with a copy of the concerned writ petition before the additional 5^th respondent for further steps. The writ petition is disposed of.

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P.R. RAMACHANDRA MENON, JUDGE.

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kp/-

Mambally Abdul Nasar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mambally Abdul Nasar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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