Disposed

Kunju Muhammed v. State of Kerala

Kerala HC3 Oct 2016WP(C)/11714/2016

Case brief

AI extract

What is this about?

Petitioners, alleging ownership of lands classified as paddy lands, filed this writ petition seeking direction to dispose of a pending application submitted to the Second Respondent regarding land conversion. The High Court of Kerala directed the Second Respondent to consider the application after providing a hearing opportunity.

What did the court decide?

Direction to the Second Respondent to consider the petitioners' application and take a decision within two months after providing an opportunity of hearing.

Kunju Muhammed Vs State of Kerala — Land Acquisition | Kerala HC (2016)

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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 SHAJI P.CHALY

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MONDAY, THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938

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WP(C).No. 11714 of 2016 (L)

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PETITIONER(S):

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1. KUNJU MUHAMMED NEDIUKULANGARA PARAMBIL, CHERANALLOOR P.O., CHERANALLOOR VILLAGE.

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2. ALI AKBAR NEDIUKULANGARA PARAMBIL, CHERANALLOOR P.O., CHERANALLOOR VILLAGE

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3. KOULATH, THAMARASSERY, CHERANALLOOR P.O.,

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CHERANALLOOR VILLAGE

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4. ABDUL KAMAL,

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THAMARASSERY, CHERANALLOOR P.O., CHERANALLOOR VILLAGE

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5. ABDUL NAZAR,

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THAMARASSERY, CHERANALLOR P.O., CHERANALLOR VILLAGE

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6. ABDUL RAHMAN, THAMARASSERY, CHERANALLOOR P.O., CHERANALLOR VILLAGE

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BY ADVS.SMT.K.P.SANTHI SRI.SHABU VARGHESE SMT.TINCY ANU PAUL SMT.E.U.DHANYA

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE AFRICULTURAL OFFICER AND CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, CHERANALLOOR, ERNAKULAM -682 034.

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BY GOVERNMENT PLEADER SRI. RON BASTIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11714 of 2016 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1:TRUE COPY OF THE APPLICATION DATED 12-12-2015 SUBMITTED TO THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) No.11714 of 2016

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Dated this the 3^rd day of October, 2016

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JUDGMENT

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Petitioners are allegedly the owners in possession and enjoyment of lands. 1^st Petitioner is allegedly the owner of land measuring 8.09 Ares in Survey Nos.400/4, 537/15, 537/3, Resurvey Nos.537/16, 537/3 and 487/13. 2^nd petitioner is allegedly the owner of land measuring 7.69 Ares in Resurvey Nos. 537/3 and 481/13. 3^rd petitioner is allegedly the owner of land measuring 12.25 Ares in Resurvey Nos. 481/15 and 481/17. 4^th petitioner is allegedly the owner of land measuring 11.12 Ares in Resurvey Nos.481/3 and 481/8. 5^th petitioner is allegedly the owner of land measuring 6.07 Ares in Resurvey Nos.481/12 and 486/14 and the 6^th petitioner is allegedly the owner of land measuring 6.07 Ares in Resurvey Nos. 481/14 and 486/16. The above lands were classified as paddy lands in the Basic Tax Register, which was consequently repeated in the Draft Data Bank prepared

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W.P.(C) No.11714 of 2016

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under the Conservation of Paddy Land and Wetland Act, 2008 Being aggrieved, petitioners have submitted Ext.P1 before the second respondent, which is pending consideration. It is in this background, seeking appropriate direction to dispose of Ext.P1, which is allegedly pending from 12.12.2015, this writ petition is filed.

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Having heard learned counsel for the petitioners, learned Government Pleader and perusing the documents on record, there will be a direction to the second respondent to take on Board Ext.P1 application and take decision on the same, in accordance with law, after providing an opportunity of hearing to the petitioner or any other interested or affected persons, within a period of two months from the

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date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY,JUDGE

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dlk/3/10/

Kunju Muhammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kunju Muhammed v. State of Kerala

Case brief

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