Disposed

Sudheeshkumar P. v. the District Collector

Kerala HC11 Nov 2016WP(C)/35333/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition contesting the seizure of a JCB excavator during land operations. Directing the District Collector to expedite proceedings under Section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and obtain a verification report from the Village Officer regarding the land's nature. It clarified no subjective observations were made on the merits.

What did the court decide?

Writ petition disposed; District Collector directed to expedite proceedings under Section 20 of the Act and obtain a report from the Village Officer.

Sudheeshkumar P. Vs the District Collector — 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 11TH DAY OF NOVEMBER 2016/20TH KARTHIKA, 1938

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WP(C).No. 35333 of 2016 (N)

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PETITIONER(S) :

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SUDHEESHKUMAR P.,

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S/O. PRASADANPILLAI, PULIMPARAMBIL HOUSE, NEDUMPRAM P.O, THIRUVALLA, (OWNER OF JCB EXCAVATOR BEARING REGISTRATION NO.KL-21-C-874).

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BY ADVS. SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR

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RESPONDENT(S) :

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1. THE DISTRICT COLLECTOR, ALAPPUZHA- 688 012.

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2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, CHENGANNUR- 689 121.

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3. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION- 689 121.

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4. AGRICULTURAL OFFICER/THE CONVENOR OF THE LOCAL MONITORING COMMITTEE, KRISHI BHAVAN, BUDHANOOR, ENNAKKADU P.O- 689 121.

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5. ANILKUMAR,

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S/O. SUKUMARAN, DARBHAYIL HOUSE, PANDANAD WEST P.O, CHENGANNUR-689 121.

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R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. RENIL ANTO R5 BY ADV. SRI.S.SREEDEV

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 35333 of 2016 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE REGISTRATION CERTIFICATE OF JCB EXCAVATOR BEARING REGISTRATION NO.KL-21-C-874.

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EXHIBIT P2 TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT DATED 04.10.2016.

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EXHIBIT P3 TRUE COPY OF THE SALE DEED DOCUMENT NO.892/2001 OF CHENGANNUR SUB REGISTRY.

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EXHIBIT P4 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF THE ELECTRICITY BILL DATED 31.05.2016.

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EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE 5TH RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE 4TH RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 25.10.2016 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 27.10.2016 PASSED BY THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.35333 of 2016 - N

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======================

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Dated this the 11^th day of November, 2016

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J U D G M E N T

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The petitioner was aggrieved with the seizure of the JCB bearing Registration No. KL-21-C-874. The petitioner's contention is that the same was used for levelling the basement of a dilapidated house and the property in which the activity was carried, is included in the Data Bank as 'paddy land'. While the matter was pending, the District Collector has issued Ext.P8 notice posting the hearing of the petitioner's case on 19.11.2016.

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In such circumstance, since the District Collector has initiated proceedings under Section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, (for brevity 'the Paddy Land Act'), it is only proper that the same be

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W.P.(C) No.35333 of 2016 - N

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disposed of, within a period of three weeks from the date of hearing. The District Collector shall also get a report from the Village Officer as to the lie and nature of the property, which would enable the District Collector to verify whether the contention of the petitioner is correct or not. It is made clear that this Court has not made any observations on merit, which the District Collector will consider, in accordance with law.

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The writ petition would stand disposed of.

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Sd/K. VINOD CHANDRAN, JUDGE

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SB/ 11 /11/2016

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// true copy

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P.A to Judge

Sudheeshkumar P. v. the District Collector

Case brief

What is this about?

What did the court decide?

Sudheeshkumar P. v. the District Collector

Case brief

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What did the court decide?

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