Disposed

P.Hamsa v. Local Level Monitoring

Kerala HC21 Dec 2016WP(C)/40765/2016

Case brief

AI extract

What is this about?

In this writ petition, the Kerala High Court directed the Local Level Monitoring Committee to consider the petitioners' application for drafting a data bank for their coconut and arecanut plantation land within two months, subject to a site inspection, without adjudicating on the merits.

What did the court decide?

Respondent directed to consider the application for a Data Bank within two months after site inspection.

P.Hamsa Vs Local Level Monitoring — Kerala HC (2016) — LawSathi Research

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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 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938

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WP(C).No. 40765 of 2016 (U)

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PETITIONER(S):

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1. P.HAMSA S/O THAMULLI SRAJU, CHERUKARA P.O, MALAPPURAM DISTRICT

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2. P.K. HAMSA, S/O MOIDEENKURIKKAL, PACHEERIKUNNATH HOUSE, KUNNUKAVU P.O, MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI

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RESPONDENT(S):

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1. LOCAL LEVEL MONITORING COMMITTEE, PERINTHALMANNA MUNICIPALITY, CIVIL STATION, PERINTHALMANNA P.O, MALAPPURAM DISTRICT, PIN. REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN 679 322.

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2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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R1-R2 BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MLG

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WP(C).No. 40765 of 2016 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 25/08/2016 ISSUED FROM THE PERINTHALMANNA VILLAGE IN FAVOUR OF THE PETITIONERS P1(A) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26/08/2016 ISSUED FROM THE PERINTHALMANNA VILLAGE IN FAVOUR OF THE PETITIONERS P2 PHOTOGRAPH SHOWING THAT THE ENTIRE PROPERTY IS PLANTED WITH COCONUT AND AREACANUT TREES P3 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT DATA BANK MAINTAINED BY THE PERINTHALMANNA MUNICIPALITY P4 TRUE COPY OF THE APPLICATION DATED 19/09/2016 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT.

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

//TRUE COPY//

P.S TO JUDGE

MLG

K. VINOD CHANDRAN, J.

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W.P.(C) No. 40765 of 2016 (U)

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Dated: 21^st December, 2016

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J U D G M E N T

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The only prayer made by the petitioner is for consideration of Ext.P4 application filed before the Local Level Monitoring Committee.

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In such circumstance, if the Draft Data Bank is not already notified, the respondent is directed to consider the request, within a period of two months from the date of receipt of a certified copy of this judgment, after conducting site inspection and ascertaining the nature of land as on the date of enforcement of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is made clear that this

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W.P.(C) No. 40765/2016

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-2-

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Court has not made any observation on merits, which

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the 1^st respondent will consider, in accordance with law.

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Writ petition is disposed of.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 21/12/16

P.Hamsa v. Local Level Monitoring

Case brief

What is this about?

What did the court decide?

P.Hamsa v. Local Level Monitoring

Case brief

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What did the court decide?

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