Disposed

Sanjeevan.C.T v. State of Kerala

Kerala HC1 Dec 2016WP(C)/38257/2016

Case brief

AI extract

What is this about?

The petitioner challenged the classification of his purchased dry land as 'nilam' in village records and 'converted land' in the draft data bank under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The court directed a procedural mechanism involving the Agricultural Officer and KSRSEC to ascertain the land's nature and nature before the District Collector decides the pending applica

What the court decided

AI extract

Sanjeevan.C.T Vs State of Kerala — 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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THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938

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WP(C).No. 38257 of 2016 (F)

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PETITIONER(S):

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SANJEEVAN.C.T.,

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AGED 59 YEARS, S/O.SUMUGHAN.M.V., HILL VIEW HOUSE, PILASSERY P.O., CALICUT - 673 571.

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BY ADVS.SRI.AVANEESH KOYIKKARA

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SRI.LINDONS C.DAVIS

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. - 695 001.

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2. DISTRICT COLLECTOR CIVIL STATION, CALICUT 673 020.

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3. AGRICULTURAL OFFICER, CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BAVAN, KUNNAMANGALAM P.O., CALICUT, PIN: 673 571.

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BY SENIOR GOVERNMENT PLEADER SRI. SURIN GEORGE IYPE

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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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SKG

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WP(C).No. 38257 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 TRUE COPY OF THE ORDER OF THE AGRICULTURE OFFICER, KUNNAMANGALAM EXT.P2 TRUE COPY OF APPLICATION DATED 4/7/2014 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM

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RESPONDENT(S)' EXHIBITS ----------------------NIL

/TRUE COPY/

P.A. TO JUDGE

SKG

K. VINOD CHANDRAN, J.

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W.P.(C) No. 38257 of 2016 (F)

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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 22.67 Ares in Re-Sy.No.191/1C of Kunnamangalam Village, Kozhikode District, is shown as 'nilam' 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. The land is now dry land and there are trees aged more than years standing in the said property, is the contention raised. The petitioner filed Ext.P2 application, before the 2^nd respondent, which is pending consideration. The prayer of the

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W.P.(C) No. 38257/2016

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petitioner is to direct the District Collector, the 2^nd respondent herein, to consider and dispose of Ext.P2, 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.P2 application by the 2^nd 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 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. 38257/2016

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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. 38257/2016

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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 2^nd respondent and the 2^nd 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

Sanjeevan.C.T v. State of Kerala

Case brief

What is this about?

What the court decided

Sanjeevan.C.T v. State of Kerala

Case brief

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