Allowed

Sr.Rose Cornelia v. the District Collector

Kerala HC17 Feb 2014WP(C)/3704/2014

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Local Level Monitoring Committee to consider a petitioner's request to correct a paddy land classification in the data bank by conducting a site inspection and hearing within two months.

What did the court decide?

Direction to the second respondent to consider the petitioner's representation after site inspection and hearing within two months.

Sr.Rose Cornelia Vs the District Collector — Land Acquisition | Kerala HC (2014)

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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.N.RAVINDRAN

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MONDAY, THE 17TH DAY OF FEBRUARY 2014/28TH MAGHA, 1935

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WP(C).No. 3704 of 2014 (K)

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PETITIONER(S):

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SR.ROSE CORNELIA, AGED 60 YEARS, D/O.LATE NEDUMALA MANI, SUPERIOR GENERAL, HOLY SPIRIT GENERALATE, SAMARITAN CONGREGATION, PATTALAKUNNU DESOM, MANNUTHY PO, THRISSUR TALUK, THRISSUR DISTRICT 680 651

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BY ADV. SRI.SHOBY K.FRANCIS

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RESPONDENT(S):

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1. DISTRICT COLLECTOR COLLECTORATE, THRISSUR DISTRICT 680 003.

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2. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, NADATHARA (NADATHARA GRAMA PANCHAYATH LIMITS), KOZHUKKULLY PO, 680 752, THRISSUR DISTRICT.

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3. CONVENER CUM AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, NADATHARA (NADATHARA GRAMA PANCHAYATH LIMITS) KOZHUKKULLY PO, 680 752, THRISSUR DISTRICT.

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4. VILLAGE OFFICER, MULAYALAM VILLAGE, VALAKKAVU, KOZHUKKULLY PO, 680 752, THRISSUR DISTRICT.

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BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3704 of 2014 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 -	TRUE COPY OF THE BASIC TAX RECEIPT 8-8-12 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXT.P2 -	TRUE COPY OF THE DOCUMENT NO.5745/07 DATED 31-10-2007 OF SRO, KUTTANELLUR.
EXT.P3 -	TRUE COPY OF THE DOCUMENT NO.5828/1/07 DATED 5-11-2007 OF SRO, KUTTANELLUR.
EXT.P4 -	TRUE COPY OF THE DOCUMENT NO.5829/1/2007 DATED 5-11-2007 OF SRO, KUTTANELLUR.
EXT.P5 -	TRUE COPY OF THE DOCUMENT NO.6033/2007 DATED 16-11-2007 OF SRO, KUTTANELLUR
EXTP6 -	TRUE COPY OF THE DOCUMENT NO.6617/2007 DATED 19-12-2007 OF SRO, KUTTANELLUR
EXT.P7 -	TRUE COPY OF THE DOCUMENT NO.3074/2008 DATED 16-5-2008 OF SRO KUTTANELLUR
EXT.P8 -	TRUE COPY OF THE DOCUMENT NO.2519/2009 DATED 29-8-2009 OF SRO KUTTANELLUR
EXT.P9 -	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20-2-2009 ISSUED BY THE 4TH RESPONDENT.
EXT.P10 -	TRUE COPY OF THE APPLICATION SUBMITTED FOR GETTING THE DETAILS OF THE DATA BANK ENTRY DATED 4-12-2013
EXT.P11 -	TRUE COPY OF THE DRAFT DATA BANK ENTRY PREPARED BY THE 3RD RESPONDENT DATED NIL.
EXT.P12 -	TRUE COPY OF THE REPRESENTATION DATED 21.12.2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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EXT.P13 - TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A. TO JUDGE

VPV

P.N.RAVINDRAN, J.

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W.P.(C)No.3704 of 2014

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Dated this the 17^th day of February, 2014

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JUDGMENT

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The petitioner, who is the Superior General of the Holy Spirit Generalate in Samaritan Congregation has filed this writ petition for a writ in the nature of mandamus commanding the second respondent to consider Ext.P12 representation after conducting a site inspection and after affording her an opportunity of being heard within a time limit to be fixed by this Court.

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The request made in Ext.P12 is for correcting the entry in the draft data bank prepared in terms of the provisions contained in the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'the Act' for short). It is stated that though the land was reclaimed prior to commencement of the Act, in the draft data bank it is described as 'Paddy land-Tharisu'.

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When the writ petition came up for hearing today, Sri.K.C.Vincent, learned Senior Government Pleader appearing for the State of Kerala submitted that with reference to the decision of a learned single Judge of this Court in Shafeeque v. State of Kerala [2014 (1) KLT 194] that the Local Level Monitoring Committee constituted under the Act can consider the request made

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W.P.(C)No.3704 of 2014

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by the petitioner and take an appropriate decision after conducting a spot inspection and after inspecting the relevant records and after affording the petitioner an opportunity of being heard.

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In such circumstances, I dispose of the writ petition with a direction to the second respondent Local Level Monitoring Committee to consider the request made by the petitioner in Ext.P12 representation after conducting a site inspection and after perusing the relevant records and after affording the petitioner an opportunity of being heard, expeditiously and in any event within an outer limit of two months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition complete in all aspects before the Convener of the Local Level Monitoring Committee.

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Sd/- P.N.RAVINDRAN JUDGE

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vpv

Sr.Rose Cornelia v. the District Collector

Case brief

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Sr.Rose Cornelia v. the District Collector

Case brief

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