Disposed

Ashraf v. the Revenue Divisional Officer (R.D.O)

Kerala HC14 Dec 2016WP(C)/39664/2016

Case brief

AI extract

What is this about?

The court directed the Revenue Divisional Officer to consider a petitioner's application for land included in the basic tax register as nilam. It mandated a report from an Agricultural Officer, satellite imagery from KSRSEC, and a physical inspection before the RDO issues a decision within two months.

What did the court decide?

Writ petition disposed; RDO directed to obtain reports from Agricultural Officer and KSRSEC, inspect land, and dispose of application within two months.

Ashraf Vs the Revenue Divisional Officer (R.D.O) — 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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WEDNESDAY, THE 14TH DAY OF DECEMBER 2016/23RD AGRAHAYANA, 1938

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WP(C).No. 39664 of 2016 (G)

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PETITIONER(S):

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ASHRAF, S/O ABOOBACKER, VALLOPILLIL, PONJASSERRY P.O., VENGOLA VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN 683 547.

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BY ADV. SRI.U.MADHU

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RESPONDENT(S):

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1. THE REVENUE DIVISIONAL OFFICER (R.D.O), MUVATTUPUZHA, ERNAKULAM DISTRICT 682 011.

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2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682 030.

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3. THE LOCAL LEVEL MONITORING COMMITTEE, VAZHAKULAM, MARAMBILLY P.O., REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, VAZHAKULAM, ERNAKULAM DISTRICT-682 011.

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4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE, ERNAKULAM DISTRICT 682 011, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER, (RDO), ERNAKULAM, ERNAKULAM DISTRICT-682 011.

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5. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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6. THE VILLAGE OFFICER,

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MARAMPILLY, ERNAKULAM DISTRICT-PIN 683 107.

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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 14-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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skg

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WP(C).No. 39664 of 2016 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 14-05-2015 ISSUED BY THE MARAMPILLY VILLAGE OFFICER. EXHIBIT P2 TRUE COPY OF THE DRAFT DATA BANK OF PROPERTY ISSUED BY THE SIXTH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 22-11-2016 SUBMITTED BY THE PETITIONER BEFORE THE FIST RESPONDENT. RESPONDENT(S)' EXHIBITS ----------------------NIL /TRUE COPY/

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P.A. TO JUDGE

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SKG

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K. VINOD CHANDRAN, J.

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-----------------------------------------W.P.(C) No. 39664 of 2016 (G)

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-----------------------------------------Dated: 14^th 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, owned by the petitioner, having a total extent of 77.64 Ares, comprising 07.75 Ares in Re-Survey No.286/7-2-1, 04.40 Ares in Re-Survey No.286/4, 20.40 Ares in Re-Survey No.286/3, 12.12 Ares in ReSurvey No.286/6, 03.60 Ares in Re-Survey No.286/5, 07.00 Ares in Re-Survey No.286/4-2, 06.78 Ares in ReSurvey No.286/6-2-1, 15.59 Ares in Re-Survey No.286/5-3-1 in Block No.23 of Marampilly Village in Ernakulam 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

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W.P.(C) No. 39664/2016

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of Paddy Land and Wet Land Act, 2008. There are also trees like Coconut, Tapioca and Plantain in the said property, is the contention raised. The petitioner filed Ext.P3 application, before the 1^st respondent, which is pending consideration. The prayer of the petitioner is to direct the Revenue Divisional Officer (R.D.O.), the 1^st respondent herein, to consider and dispose of Ext.P3, an application filed under Clause (6) of the Kerala Land Utilization Order, 1967, (for brevity “KLU Order”), within a reasonable time.

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Since the land is not included in the draft

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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.P3 application by the 1^st respondent, if the same is filed in original and pending before the authority.

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W.P.(C) No. 39664/2016

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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 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

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W.P.(C) No. 39664/2016

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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 R.D.O. 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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W.P.(C) No. 39664/2016

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The writ petition is disposed of. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 15/12/16

Ashraf v. the Revenue Divisional Officer (R.D.O)

Case brief

What is this about?

What did the court decide?

Ashraf v. the Revenue Divisional Officer (R.D.O)

Case brief

What is this about?

What did the court decide?

What the court decided

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