Disposed

Jameena v. District Collector

Kerala HC11 Nov 2016WP(C)/36203/2016

Case brief

AI extract

What is this about?

In a writ petition challenging the marking of purchased land as 'nilam' and its exclusion from the draft data bank, the Court directed the Revenue Divisional Officer to solicit a report from the Agricultural Officer. The Court mandated that the application be decided within two months of receiving the official report.

What did the court decide?

Directed the 2nd respondent to consider Ext.P5 after receiving a report from the Agricultural Officer and within two months.

Jameena Vs 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. 36203 of 2016 (A)

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PETITIONER(S):

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JAMEENA @ JAMMA

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W/O. NIZHAMUDHEEN, THAZHEPEEDIKAYIL HOUSE, THEVAKKAL, V.K.COLONY P.O., ERNAKULAM DISTRICT.

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BY ADV. SRI.SUJITH MATHEW JOSE

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RESPONDENT(S):

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1. DISTRICT COLLECTOR

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ERNAKULAM, CIVIL STATION, KAKKANAD-682 030.

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2. THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA-686 669.

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3. KIZHAKKAMBALAM GRAMA PANCHAYAYTH

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REPRESENTED BY ITS SECRETARY, KIZHAKKAMBALAM-683 562.

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4. THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KIZHAKKAMBALAM GRAMA PANCHAYAYTH, KIZHAKKAMBALAM-683 562.

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R1 & R2 BY GOVERNMENT PLEADER SRI.SUREIN GEORGE IPE R3 & R4 BY ADV. SRI. THOMAS GEORGE, SC,

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

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WP(C).No. 36203 of 2016 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE INITIAL BUILDING PERMIT NO.BA 361/09-10 DATED 18/2/2010. EXT.P2: TRUE COPY OF THE REJECTION ORDER NO.C3-2871/16 DATED 2/6/2016 OF THE 3RD RESPONDENT EXT.P3: TRUE COPY OF THE JUDGMENT IN WPC NO.38223/2015. EXT.P4: TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK EXT.P5: TRUE COPY OF THE APPLICATION UNDER KLU ORDER RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

K. VINOD CHANDRAN, J.

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W.P.(C) No. 36203 of 2016 (A)

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Dated: 11^th November, 2016

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J U D G M E N T

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The petitioner is aggrieved with the fact that the land, purchased by the petitioner, having an extent of 8.77 Ares in Sy.No.356/9part of Kizhakkambalam Village, is shown as 'nilam' in the village records and basic tax register. The said property of the petitioner was not included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. All other adjoining lands are shown having been cultivated with coconut trees, plantain, mango trees and tapioca. There are also houses existing in the adjacent properties, is the contention raised. The petitioner filed Ext.P5

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W.P.(C) No. 36203/2016 -2-

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application, before the 2^nd respondent, which is pending consideration. The prayer of the petitioner is to direct the Revenue Divisional Officer, the 2^nd 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 'nilam' in the Basic Tax Register (B.T.R), it is only proper that a report is received from the Agricultural Officer before consideration of Ext.P5 application by the 2^nd respondent, if the same is filed in original and pending before the authority.

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In such circumstance, the petitioner shall produce a copy of the writ petition before the Agricultural Officer along with the receipt of

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W.P.(C) No. 36203/2016

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-3-

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remittance of the amounts, for receipt of satellite map and report 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 2^nd respondent and the 2^nd respondent shall then issue notice to the petitioner and consider the application, within a period of two

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W.P.(C) No. 36203/2016

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-4-

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months from the date of receipt of the report of the Agricultural Officer.

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The writ petition is disposed of.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 11/11/16

Jameena v. District Collector

Case brief

What is this about?

What did the court decide?

Jameena v. District Collector

Case brief

What is this about?

What did the court decide?

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