Partly allowed

Kumari Vijayan v. the Revenue Divisional Officer

Kerala HC4 Nov 2016WP(C)/35396/2016

Case brief

AI extract

What is this about?

This writ petition challenged a Sub Collector order directing the petitioner to approach the District Collector under an inoperative section of the Paddy Land Act. The Court set aside the impugned order and directed the petitioner to approach the Agricultural Officer to obtain necessary reports and satellite maps before the Revenue Divisional Officer considers the application within two months.

What did the court decide?

The Sub Collector order was set aside. The petitioner was directed to approach the Agricultural Officer for reports and maps and the Revenue Divisional Officer was directed to consider the application

Kumari Vijayan Vs the Revenue Divisional Officer — 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 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938

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WP(C).No. 35396 of 2016 (Y)

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PETITIONER(S):

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KUMARI VIJAYAN, AGED 63 YEARS W/O VIJAYAN, AYINIKKAL HOUSE, MATHILAKAM P.O. THRISSUR DISTRICT

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BY ADV. SMT.P.R.REENA

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RESPONDENT(S):

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1. THE REVENUE DIVISIONAL OFFICER O/O REVENUE DIVISIONAL OFFICER, CIVIL STATION, THRISSUR- 680 003

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2. LOCAL LEAL MONITORING COMMITTEE REP. BY ITS CONVENER, AGRICULTURAL OFFICER,KRISHI BHAVAN, MATHILAKAM, THRISSUR DIST- 680 685

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R BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE (SR.)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35396 of 2016 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBITP1 TRUE COPY OF SALE DEED DATED 25-11-1994 EXHIBIT P2 PHOTOGRAPHS SHOWING THE PETITIONERS PROPERTY EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER DATED 27-06-2015 EXHIBIT P4 TRUE COPY OF THE ORDER OF THE SUB COLLECTOR DATED 14-01-2016

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EXHBITP5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 24-10-2016

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RESPONDENT(S)' EXHIBITS: NIL

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.35396 of 2016 - Y

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====================== Dated this the 4^th day of November, 2016

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J U D G M E N T

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The petitioner is the owner of 44 cents of land in Sy. No.214/5B of Pappinivattom Village, is shown as paddy land in

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the village records and basic tax register. It is also contended that the 2^nd respondent has certified that the petitioner's land is included in data bank prepared under the Paddy Land Act, as a reclaimed land about 20-30 years back. While the property was a pucca garden land with large number of coconut trees, areca nut trees etc. and as per Ext.P1 document of 1994, the land is mentioned as reclaimed land, is the contention raised.

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The petitioner was aggrieved with Ext.P4 order

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passed by the Sub Collector on an application filed under

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W.P.(C) No.35396 of 2016 - Y

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Clause(6) of the Kerala Land Utilisation Order, 1967. The Sub Collector directed the petitioner to approach the District Collector under Section 3A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Section 3A of the Paddy Land Act is not in force. In such circumstance, Ext.P4 would stand set aside. The petitioner filed Ext.P5 application, before the 1^st respondent, which is pending consideration. The prayer of the petitioner is to direct the Revenue Divisional Officer, the 1^st respondent herein, to consider and dispose of Ext.P5, within a reasonable time.

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Since the land itself has not been included in the draft data bank, but the description is shown as wet land' the Basic Tax Register (B.T.R), it is only proper that a report is received from the Agricultural Officer before consideration of Ext.P4 application by the 1^st respondent. In such circumstance, the petitioner is directed to approach the Agricultural Officer

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W.P.(C) No.35396 of 2016 - Y

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after remitting the amounts for receipt of satellite map and report of the property as on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'Paddy Land Act) from the Kerala State Remote Sensing and Environment Center, (KSRSEC), Vikas BhavanC-Block, Thiruvananthapuram, Kerala 695 033. The amount shall be paid in the name of the petitioner C/o. the concerned Agricultural Officer (with full address) before the K.S.R.S.E.C) and the copy of the receipt shall be produced before the Agricultural Officer, who shall then, make an application for the satellite map and report, which shall be forwarded by the K.S.R.E.C to the concerned Agricultural Officer. The report of the Agricultural Officer, along with the satellite map and report forwarded by the K.S.R.S.E.C shall be forwarded to the 1^st respondent and the 1^st respondent shall then issue notice to the petitioner and consider the application, within a period of

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W.P.(C) No.35396 of 2016 - Y

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two months from the date of receipt of the report of the

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Agricultural Officer.

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The writ petition is disposed of.

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Sd/-

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K. VINOD CHANDRAN,

JUDGE

SB/04/11/2016

// true copy //

P.A to Judge

Kumari Vijayan v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Kumari Vijayan v. the Revenue Divisional Officer

Case brief

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