Disposed

George Moothedan v. Revenue Divisional Officer

Kerala HC1 Dec 2016WP(C)/37641/2016

Case brief

AI extract

What is this about?

Agricultural land shown as converted under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Court directed authorities to collect a report from KSRSEC and inspect the property to verify land nature before disposing of the pending application within two months.

What did the court decide?

Directing authorities to obtain report from KSRSEC, inspect property, and dispose of application within two months.

George Moothedan Vs Revenue Divisional Officer — Municipal and Town Planning | 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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THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938

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WP(C).No. 37641 of 2016 (E)

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PETITIONER:

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GEORGE MOOTHEDAN, AGED 40 YEARS, S/O.PAUL, MOOTHEDAN HOUSE, CHURCH ROAD, PARIYARAM, THRISSUR DISTRICT.

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BY ADV. SMT.P.R.REENA

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RESPONDENT(S):

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1. REVENUE DIVISIONAL OFFICER, CIVIL STATION, THRISSUR, PIN - 680 003.

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2. LOCAL LEVEL MONITORING COMMITTEE, REP. BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, KODASSERY, THRISSUR DISTRICT, PIN - 680 721.

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BY SENIOR GOVERNMENT PLEADER SRI.SURIN GEORGE IPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 37641 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS: ----------------------EXHIBIT P1 : TRUE COPY OF THE RECEIPT ISSUED BY THE PANCHAYATH DATED 19.02.2014. EXHIBIT P2 : TRUE COPY OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT LOCAL LEVEL MONITORING COMMITTEE. EXHIBIT P3 : TRUE COPY OF THE PROCEEDINGS OF LOCAL LEVEL MONITORING COMMITTEE DATED 29.06.2016. EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER DATED 04.11.2016.

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RESPONDENT(S)' EXHIBITS: NIL ----------------------//TRUE COPY// P.S. TO JUDGE

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mbr/

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K. VINOD CHANDRAN, J.

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W.P.(C) No. 37641 of 2016 (E)

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Dated: 1^st December, 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 26.56 Ares in Sy.No.159 of Elinjipra Village, Chalakkudy Taluk, Thrissur District, is shown as 'paddy land' in the village records and basic tax register. The said property of the petitioner is shown as 'converted land' in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. There are coconut trees, arecanut and nutmug etc aged about 30-40 years is the contention raised. The petitioner filed Ext.P4 application, before the 1^st respondent, which is pending consideration. The prayer of the petitioner is

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W.P.(C) No. 37641/2016

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to direct the Revenue Divisional Officer, the 1^st respondent herein, to consider and dispose of Ext.P4, within a reasonable time.

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Since the land is shown as 'converted land' in

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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.P4 application by the 1^st respondent, if the same is filed in original and pending before the authority.

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The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and

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Sub-division numbers with respect to the property obtained from the concerned Village Officer. The Agricultural Officer shall then seek a report of the lie

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W.P.(C) No. 37641/2016

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and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSRSEC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioner, C/o. the concerned Agricultural Officer (showing the full address) before the KSRSEC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSRSEC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall conduct physical inspection of the property and submit a report before

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W.P.(C) No. 37641/2016

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this Court as to the lie and nature of the property, as it exists at present, along with the report from the KSRSEC.

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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 two 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 1/12/16

George Moothedan v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

George Moothedan v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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