This court directed the 5th respondent to delete the petitioners' property from the Data Bank Register of Paddy Land as it was found to be converted land. The judgment was disposed of within three months.
Directed the 5th respondent to delete the petitioner's property from the Data Bank Register within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937
WP(C).No. 7157 of 2015 (T)
PETITIONER(S):
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1. ABDUL SALAM C.K., AGED 37 YEARS, S/O.KOCHAMMU, CHENNAMPPILLY HOUSE,
2. SAMEERA, AGED 35 YEARS,
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR, ERNAKULAM - 682 030.
2. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI - 682 001.
3. THE TAHSILDAR, NORTH PARAVOOR, ERNAKULAM DISTRICT - 683 513.
4. THE VILLAGE OFFICER, KUNNUKARA - 683 578.
5. THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE PROVISIONS OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 OF KUNNUKARA GRAMA PANCHAYATH, ERNAKULAM DISTRICT - 683 578, REPRESENTED BY ITS CONVENER (THE AGRICULTURE OFFICER, KRISHIBHAVAN, KUNNUKARA P.O., ERNAKULAM DISTRICT.)
BY GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 7157 of 2015 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P5 A PHOTOGRAPH OF THE PROPERTY OWNED BY THE PETITIONERS.
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
K. VINOD CHANDRAN, J.
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W.P.(C) No.7157 of 2015 -T
======================
Dated this the 1st day of July, 2015
J U D G M E N T
The petitioners have approached this Court with the
following prayers:
“i) To declare that the petitioners property covered by Exhibit P1 and P2 will not come within the purview of paddy land as defined in Section 2(XII) of Act 28 of 2008 and the said property is not liable to be included in the data bank prepared in pursuance of the said Act.
ii) To issue a Writ of certiorari calling for the originals of Exhibit P3 and to quash the same to the extent it includes the petitioner's property covered by Exhibits P1 and P2 are included within the purview of paddy land in the data bank.
Iii) To issue a Writ of mandamus, Order or Direction to the 5th respondent to consider and dispose of Exhibit P7 after hearing the petitioners.
iv) To grant such other reliefs as this Honourable Court may deem fit and proper”.
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W.P.(C) No.7157 of 2015 -T
this Court, a report has been filed by the 5th respondent, which reads as follows:
“3. On inspection, it is found that the property is presently a 'converted land' where a house is constructed by Mr. Abdul Salam. It was found that there are Panchayat numbered houses on the three sides of the property. On inspection and enquiry it is understood that the land was converted much before 2008 and there were two coconut palms of almost 15 years old in the site, which were removed for house construction.
it is seen that the property of the petitioners was wrongly included in the Data Bank Register as a 'paddy land' and that the same is now situated as a 'converted land' with quite a lot of improvements, including age old Coconut palms and such other
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W.P.(C) No.7157 of 2015 -T
trees. The factual position is conceded by the 5th respondent in the report as aforesaid.
to the 5th respondent to take necessary steps to delete the properties comprised in Survey No.480/2 of Kunnukara Village belonging to the petitioners from the Data Bank Register and appropriate steps shall be taken by the competent authority for causing the notification of the same, if necessary, by way of appropriate proceedings. The proceedings as above shall be finalised at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 5th respondent, for further steps.
The writ petition is disposed of.
K. VINOD CHANDRAN, JUDGE
SB
// true copy//
P.A to Judge.
2 issues framed by the court
Whether the petitioner's property wrongly included in the Data Bank Register as paddy land should be deleted as it is now converted land.
Whether the 5th respondent is directed to delete the petitioner's property from the Data Bank Register.
1 provisions across 1 enactments
ABDUL SALAM C.K. AND ANR.
THE DISTRICT COLLECTOR, ERNAKULAM
THE TAHSILDAR, NORTH PARAVOOR
THE VILLAGE OFFICER, KUNNUKARA
LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
