Petitioner sought relief for land erroneously categorized as nilam and excluded from draft data bank under Section 28 of Kerala Conservation of Paddy Land and Wet Land Act, 2008. Court directed Agricultural Officer to prepare reports via KSRSEC and physical inspection.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 14TH DAY OF DECEMBER 2016/23RD AGRAHAYANA, 1938
WP(C).No. 39580 of 2016 (V)
PETITIONER(S):
UNNIKRISHNAN NAIR,
AGED 51 YEARS, S/O.VASUDEVAN NAIR, GOKULAM HOUSE, VAYALA P.O., PATHANAMTHITTA DISTRICT 691 554.
BY ADVS.SRI.AVANEESH KOYIKKARA
SRI.LINDONS C.DAVIS
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPRUAM 695 001.
2. DISTRICT COLLECTOR,
3. AGRICULTURAL OFFICER, CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, MEZHUVELI, MEZHUVELI P.O., PATHANAMTHITTA DT 689 507.
BY SENIOR GOVERNMENT PLEADER SRI.SURIN GEORGE IYPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SKG
WP(C).No. 39580 of 2016 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 TRUE COPY OF THE LETTER OF THE AGRICULTURE OFFICER, MEZHUVELI ALONG WITH RELEVANT PAGE OF DATA BANK REGISTER.
P2 TRUE COPY OF THE APPLICATION DATED 3.11.2016 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT, PATHANAMTHITTA.
RESPONDENT(S)' EXHIBITS
NIL
/TRUE COPY/
P.A. TO JUDGE
SKG
K. VINOD CHANDRAN, J.
W.P.(C) No. 39580 of 2016 (V)
Dated: 14th December, 2016
J U D G M E N T
The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 13.55 Ares in Re-Survey No.336/16 in Block No.4 of Mezhuveli Village, Pathanamthitta District, is shown as 'nilam' in the village records and basic tax register. The said property of the petitioner is not included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. There are trees standing in the said property or more than 10 years old, is the contention raised. The petitioner filed Ext.P2 application, before the 2nd respondent, which is pending consideration. The prayer of the petitioner is to direct the District
W.P.(C) No. 39580/2016
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Collector, the 2nd respondent herein, to consider and dispose of Ext.P2, within a reasonable time.
data bank and 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 2nd respondent, if the same is filed in original and pending before the authority.
W.P.(C) No. 39580/2016
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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 the District Collector as to the lie and nature of the
W.P.(C) No. 39580/2016
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property, as it exists at present, along with the report from the KSRSEC.
The writ petition is disposed of. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 14/12/16
1 issue framed by the court
Whether the District Collector must consider an application for relicensing of agricultural land pending before the Agricultural Officer.
1 provisions across 1 enactments
Unnikrishnan Nair
State of Kerala
District Collector, Civil Station, Pathanamthitta
Agricultural Officer, Convenor, Local Level Monitoring Committee, Mezhuveli
K. Vinod Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
