Partly allowed

Azad T. v. the Akathethara Grama Panchayath

Kerala HC26 Feb 2016WP(C)/24367/2015

Case brief

AI extract

What is this about?

The High Court directed the Grama Panchayath to inspect the petitioner's property and order building numbering based on draft data bank entries. Additionally, the petitioner was directed to seek regularisation of the land conversion under Section 3A of the Kerala Paddy Land and Wet Land Act, 2008 before the District Collector.

What did the court decide?

Direction to second respondent to conduct site inspection and pass orders on building numbering; direction to petitioner to file application under Section 3A of the Kerala Paddy Land and Wet Land Act,

Azad T. Vs the Akathethara Grama Panchayath — Property and Title | 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937

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WP(C).No. 24367 of 2015 (U)

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PETITIONER(S)/PETITIONER:

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AZAD T. AGED 51 YEARS S/O. ABDUL RAHIMAN, THAZHATHETHILVEEDU AKATHETHARA P.O., AKATHETHARA VILLAGE, PALAKKAD TALUK PALAKKAD DISTRICT.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT(S)/RESPONDENTS:

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1. THE AKATHETHARA GRAMA PANCHAYATH PALAKKAD, PIN-678008, REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY THE AKATHETHARA GRAMA PANCHAYATH, PALAKKAD PIN 678008.

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3. THE REVENUE DIVISIONAL OFFICER (R.D.O.) PALAKKAD, PALAKKAD DISTRICT-678008.

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ADDL. 4. THE DISTRICT COLLECTOR, PALAKKAD.

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ADDITIONAL R4 IS IMPLEADED SUO MOTU AS PER THE JUDGMENT DATED 26.2.2016

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R3 AND R4 BY GOVERNMENT PLEADER SRI.SIBY THOMAS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24367 of 2015 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, AKATHETHARA VILLAGE. EXHIBIT P2- TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK OF AKATHETHARA VILLAGE. EXHIBIT P3- TRUE PHOTOGRAPHS OF THE PROPERTY OF PETITIONER. EXHIBIT P4- TRUE COPY OF THE APPLICATION DATED 30-05-2015 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT UNDER THE PROVISIONS OF THE KERALA LAND UTILIZATION ORDER, 1967.

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RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

PS TO JUDGE

ANU SIVARAMAN, J.

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W.P(C).No. 24367 of 2015

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Dated this the 26^th February, 2016

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JUDGMENT

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This writ petition is filed on the complaint that the second respondent local authority is refusing to number the residential building of the writ petitioner, since a portion of the land on which the construction is made is mentioned as 'nilam' in the basic tax register.

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Heard Sri.P.M.Ziraj, learned counsel for the petitioner and Sri.Suby Thomas, learned Government Pleader appearing for the third respondent. Though service of notice is complete, there is no appearance for respondents 1 and 2.

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It is submitted by the learned counsel for the petitioner that the construction is actually carried out in the portion of the property which is shown as converted land in the draft data bank. It is further submitted that the petitioner has preferred Exhibit P4 application before the third respondent seeking regularisation of the conversion done by him. In the above circumstances, it is submitted by the learned counsel for the petitioner that the property is converted land and conversion has been carried out

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WP(C).24367/15

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before coming into force of the Kerala Paddy Land and Wet Land Act, 2008. It is submitted that the contentions raised by the petitioner have not been considered and no steps are being taken by the second respondent. For a proper disposal of the writ petition, the District Collector, Palakkad is suo motu impleaded as additional fourth respondent in the writ petition. Government Pleader takes notice for the additional fourth respondent.

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In the above circumstances, this writ petition is disposed of as follows:

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i) The second respondent is directed to conduct a site inspection and hear the petitioner on the question of numbering of the building with specific reference to the entry in the draft data bank and the identity of the property on which the construction has now been completed. The second respondent shall pass appropriate orders on the request of the petitioner for numbering the building in question on the basis of the findings in the site inspection and the entry in the draft data bank. Orders in this regard shall be passed within one month from the date of receipt of a copy of this judgment.

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WP(C).24367/15

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ii) If the petitioner files an application under Section 3A of the Kerala Paddy Land and Wet Land Act, 2008 before the District Collector, the same shall be considered by the District Collector and orders passed within one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment and copy of the writ petition along with a copy of the application filed under Section 3A of the Act before the District Collector for compliance.

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ANU SIVARAMAN

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JUDGE

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vgs26/2

Azad T. v. the Akathethara Grama Panchayath

Case brief

What is this about?

What did the court decide?

Azad T. v. the Akathethara Grama Panchayath

Case brief

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What did the court decide?

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