Dismissed

Swapna Riju v. the State of Kerala

Kerala HC7 Oct 2016WP(C)/22956/2016

Case brief

AI extract

What is this about?

The Kerala High Court directed the petitioner to file objections before the Panchayat within one week. The Court held that land classification and conversion matters must be adjudicated by appropriate authorities and closed the writ petition to enable finalization of proceedings.

What did the court decide?

The writ petition closed, permitting the Panchayat to finalize proceedings; petitioner to file objections within one week; no costs.

Swapna Riju Vs the 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 K.VINOD CHANDRAN

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FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938

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WP(C).No. 22956 of 2016 (T)

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PETITIONER(S):

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SWAPNA RIJU, AGED 36, W/O.RIJU JAMES, CHERUMADATHIL HOUSE, PALLIMOOLA, MADAKATHARA VILLAGE, THRISSUR -680 023.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT(S):

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1. THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE MADAKATHARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KURUCHIKARA PO, THRISSUR DISTRICT - 680 023. 3. THE VILLAGE OFFICER, MADAKATHARA VILLAGE OFFICE, THRISSUR DISTRICT -680 001. 4. THE LOCAL LEVEL MONITORING COMMITTEE, REP. BY ITS CHAIRMAN, MADAKATHARA GRAMA PANCHAYATH, THRISSUR DISTRICT-680 001. 5. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR - 680 001. R2 & 4 BY ADV. SRI.RAJIT R1 BY SR.GOVERNMENT PLEADER SRI. K.J. MANIRAJ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22956 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------P1 A TRUE COPY OF THE NOTICES ISSUED TO THE PETITIONER DATED 3.6.2016.

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P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 23.6.2016 P3 A TRUE COPY OF STOP MEMO ISSUED TO THE PETITIONER DATED 28.6.2016

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RESPONDENT(S)' EXHIBITS -----------------------

NIL

//TRUE COPY//

P.A.TO JUDGE

JJJ

K. VINOD CHANDRAN, J.

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W.P.(C) No. 22956 of 2016 (T)

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-----------------------------------------Dated: 7^th October, 2016

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J U D G M E N T

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The petitioner was served with Ext.P3 order by the Village Officer finding that the property, in Survey No.679/8 in Madakathara Village having 7 cents, has been filled up using quarry waste. The order at Ext.P3 is a stop memo issued to stop the conversion effected. The stop memo is dated 28.06.2016, prior to which the Panchayat also had issued a provisional order restraining the petitioner from constructing the compound wall, which was being carried on by the petitioner.

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The learned Standing Counsel for the

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Panchayat submits that the petitioner's objections will be considered. The petitioner shall file objections

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W.P.(C) No. 22956/2016

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-2-

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within a period of one week from the date of receipt of the certified copy of this judgment and the Panchayat shall consider the same.

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The learned Counsel for the petitioner submits that the property is lying as 'garden land', but, however, there is a description in the Basic Tax Register as 'Nilam'. The learned Standing Counsel for the Panchayat, however, submits that the property, even now, exists as a 'wet land'.

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These are all matters which the petitioner would have to take up before the appropriate authorities under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 or the Kerala Land Utilization Order, 1967, as applicable to the land, which this Court would not speak upon especially since no such proceedings have been taken.

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W.P.(C) No. 22956/2016

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-3-

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The writ petition is closed, permitting the

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Panchayat to finalise the proceedings as directed herein above. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 7/10/16

Swapna Riju v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Swapna Riju v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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