Respondent directed authorities to issue a certificate declaring the petitioner's land in Annalloor Village as converted land, while noting that further usage requires permission under Section 3A of Act 28 of 2008.
Direction to the respondents to issue a certificate declaring the land as a converted land.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2016/28TH MAGHA, 1937
WP(C).No. 1397 of 2016 (Y)
PETITIONER :
K.C.THOMAS S/O.CHAKKAPPAN, AGED 57 YEARS KANICHAYI HOUSE, VAINTHALA P.O., PALAPAYAMPARAMBU, THRISSUR DISTRICT,
PIN – 680741.
BY ADVS.SRI.BINOY VASUDEVAN SMT.K.J.ANITHA
RESPONDENTS :
1. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THRISSUR – 680 002.
2. THE TAHSILDAR CHALAKKUDY TALUK, CHALAKKUDY-680 102.
3. THE VILLAGE OFFICER VILLAGE OFFICE VILLAGE OFFICE ANNALLOOR CHALAKKUDY – 680 103.
4. THE LOCAL LEVEL MONITORING COMMITTEE FOR MALA GRAMA PANCHAYAT, REPRESENTED BY ITS CONVENER THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MALA-680 115.
5. THE STATE ENVIRONMENTAL IMPACT ASSESSMENT COMMITTEE REPRESENTED BY ITS SECRETARY, PALLIMUKKU, PETTAH P.O., THIRUVANANTHAPURAM – 695 024.
R1 TO R5 BY GOVT. PLEADER SRI. P.K. SOYUZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 1397 of 2016 (Y)
APPENDIX
PETITIONERS' EXHIBITS :
| EXT. P1:- | TRUE COPY OF THE LATEST TAX RECEIPT. |
|---|---|
| EXT. P2:- | TRUE COPY OF THE APPLICATION DTD. 7/6/2014 SUBMITTED BY THE PEITIONER BEFORE THE 5TH RESPONDENT. |
| EXT. P3:- | TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER. |
| EXT. P4:- | TRUE COPY OF THE AFFIDAVT IN THE NON-JUDICIAL STAMP PAPER. |
| EXT. P5:- | TRUE COPY OF THE CONSENT GIVEN BY THE OWNER OF THE PROPERTY. |
| EXT. P6:- | TRUE COPY OF THE PERMIT ISSUED BY THE DIRECTOR, FACTORIES AND BOILERS, THIRUVANANTHAPURAM. |
| EXT. P7:_ | TRUE COPY OF THE RELEVANT PAGES OF THE AGENDA OF THE MEETING OF THE 5TH RESPONDENT HELD ON 17/9/2015. |
| EXT. P8:- | TRUE COPY OF THE REPLY GIVEN BY THE ADDITIONAL TAHSILDAR CHALAKKUDY. |
| EXT. P9:- | TRUE COPY OF THE AGENDA OF THE MEETING OF THE 5TH RESPONDENT HELD ON 30/9/2015. |
| EXT. P10:- | TRUE COPY OF THE REQUEST DTD. 16/6/2015 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. |
| EXT. P11:- | TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURE OFFICER, KRISHIBHAVAN, MALA. |
| EXT. P12:- | TRUE COPY OF THE RELEVANT PAGES OF THE DATE BANK PREPARED FOR ANNALLOOR VILLAGE. |
| EXT. P13:- | TRUE COPY OF THE REPORT PREPARED BY THE 4TH RESPONDENT DATED NIL. |
| RESPONDEN ------------------ |
T(S)' EXHIBITS : NIL ----------------------------------------------- |
//TRUE COPY//
P.A. TO JUDGE
Mn
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.1397/2016
Dated this the 17th Day of February, 2016
J U D G M E N T
The petitioner's wife Shally Thomas is the owner of a property
situated in Survey No.530/1 of Annalloor Village in Chalakkudy Taluk,
Thrissur District. He has approached this Court seeking for a
direction to the respondents to issue a certificate to the petitioner
declaring that the property covered by Ext.P1 document is a
converted land.
Ext.P13, this is a converted land prior to the Act 28 of 2008 in the
Data Bank. But in the Basic Tax Register, it is classified as nilam.
Therefore, necessary certificate shall be issued to the petitioner
showing that the land in question is a converted land. However, the
W.P.(C).No.1397/2016
-:2:-
petitioner cannot utilise the land for other purposes without
obtaining permission under Section 3A of the Act 28 of 2008.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether the petitioner is entitled to a certificate declaring the land in question as converted land.
Whether the petitioner can utilise the land for other purposes without obtaining permission under Section 3A of Act 28 of 2008.
K.C. THOMAS
THE REVENUE DIVISIONAL OFFICER, THRISSUR
THE TAHSILDAR CHALAKKUDY
THE VILLAGE OFFICER VILLAGE ANNALLOOR
THE LOCAL LEVEL MONITORING COMMITTEE FOR MALA GRAMA PANCHAYAT
THE STATE ENVIRONMENTAL IMPACT ASSESSMENT COMMITTEE
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court