Partly allowed

Saji John v. District Collector

Kerala HC15 Dec 2017WP(C)/14531/2017

Case brief

AI extract

What is this about?

Petitioner challenged a stop memo preventing construction on 12.14 Ares of land classified as wetland. The Court received a report indicating the land is not in the Land Data Bank for that region. Petitioner was directed to get land user conversion, obtain permit, and seek tax reclassification.

What did the court decide?

Writ petition disposed with directions to get land user converted, obtain building permit from Panchayath, and cause change in land classification in tax register.

Saji John Vs District Collector — Landlord and Tenant | Kerala HC (2017)

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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 A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 15TH DAY OF DECEMBER 2017/24TH AGRAHAYANA, 1939

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WP(C).No. 14531 of 2017 (N)

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PETITIONER:

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SAJI JOHN, VILAYIL PUTHENVEEDU, VALAKOM P.O., KOTTARAKKARA KOLLAM DISTRICT.

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BY ADVS.SRI.K.SASIKUMAR SRI.S.ARAVIND SRI.P.S.RAGHUKUMAR

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RESPONDENT(S):

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1. DISTRICT COLLECTOR, KOLLAM - 691 013.

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2. REVENUE DIVISIONAL OFFICER, KOLLAM - 691 013.

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3. TAHASILDAR, PUNALUR TALUK, PUNALUR P.O., KOLLAM DISTRICT - 691 305.

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4. VILLAGE OFFICER, ARACKAL VILLAGE, ARACKAL P.O., PUNALUR TALUK - 691 305.

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5. AGRICULTURAL OFFICER, KRISHI BHAVAN, EDAMULAKKAL, EDAYAM P.O., KOLLAM DISTRICT - 691 532.

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6. EDAMULAKKAL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, EDAMULAKKAD P.O., KOLLAM DISTRICT - 691 532.

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--2--

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--2--

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WP(C).No. 14531 of 2017 (N)

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*ADDL. R7 IMPLEADED

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7. THE LOCAL LEVEL MONITORING COMMITTEE, EDAMULAKKAL, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, EDAMULAKKAL, EDAYAM PO, KOLLAM DISTRICT-691532.

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ADDL. R7 IS IMPLEADED AS PER ORDER DATED 08.08.2017 IN IA.12425/2017.

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R1 TO R5 & R7 BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL R6 BY ADV. SRI.N.UNNIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 14531 of 2017 (N)

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APPENDIX

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PETITIO	NERS'	EXHIBITS:
EXHIBIT	P1:	A TRUE COPY OF THE SALE DEED NO.4793/2003 DATED 8.12.2003 OF CHADAYAMANGALAM SRO.
EXHIBIT	P2:	A TRUE COPY OF THE SALE DEED N.3843/2012 DATED 11.10.2012 OF CHADAYAMANGALAM SRO.
EXHIBIT	P3:	A TRUE COPY OF THE LAND TAX RECEIPT DATED 13.12.2016 ISSUED FROM ARACKAL VILLAGE OFFICER.
EXHIBIT	P4:	A TRUE COPY OF THE LETTER DATED 19.4.2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT	P5:	A TRUE COPY OF THE NO-OBJECTION CERTIFICATE DATED 22.2.2017 ISSUED BY THE DMO (HEALTH).
EXHIBIT	P6:	A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.2.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT	P7:	A TRUE COPY OF THE PLAN PRODUCED ALONG WITH THE APPLICATION.
EXHIBIT	P8:	A TRUE COPY OF THE RECEIPT DATED 2.3.2017 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT	P9:	A TRUE COPY OF THE ORDER DATED 13.4.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT	P10:	A TRUE COPY OF THE PETITION DATED 20.11.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPOND	ENTS'	EXHIBITS :
EXHIBIT	R6A:	A TRUE COPY OF LETTER NO.E4-1580/2017 DATED 17.4.2017 ADDRESSED TO THE VILLAGE OFFICE.
EXHIBIT	R6B:	A TRUE COPY OF LETTER NO.E4-1580/2017 DATED 17.4.2017 WAS ADDRESSED TO THE PETITIONER.
EXHIBIT	R6C:	A TRUE COPY OF LETTER NO.E4-1580/2017 DATED 17.4.2017 ADDRESSED TO THE AGRICULTURAL OFFICER KRISHI BHAVAN.
EXHIBIT	R6A:	A TRUE COPY OF LETTER NO.EDML8/01/17-18 DATED 29.5.2017. //TRUE COPY//
mbr/		P.S. TO JUDGE

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A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C) No.14531 of 2017

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- - - - Dated this the 15^th day of December, 2017

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JUDGMENT

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The petitioner is stated to be in absolute ownership and possession of 12.14 Ares of property in Re.Sy.No.183/9-2 in Arackal Village of Punalur Taluk. In the writ petition, the petitioner is aggrieved by Ext.P9 stop memo, issued by the 4^th respondent directing the petitioner not to construct any building in the property on the ground that the property was shown as wetland in the revenue records.

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When the matter came up for admission, this Court had called for the report from the Local Level Monitoring Committee (hereinafter referred to as 'LLMC') as regards the nature of the land belonging to the petitioner. A report dated 10.08.2017 has since been filed by the Director of the Kerala State Remote Sensing and Environment Centre (KSREC), and on the basis of the same, the LLMC has also submitted a report indicating that the land in question is not included in the Land Data Bank prepared for the region. Under the said circumstances, the writ petition is disposed with the following directions:

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i) The 2^nd respondent, before whom Ext.P10 application has been filed by the

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W.P.(c).No.14531 of 2017

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: 2 :

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petitioner for conversion of the user of the land under Clause 6 of the Kerala Land Utilisation Order, shall consider and pass orders on the same within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner.

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ii) On the petitioner obtaining an order from the 2^nd respondent permitting a conversion of the land, the petitioner shall produce the same before the 6^th respondent Panchayath, who shall consider the application of the petitioner for building permit, based on the order issued by the 2^nd respondent.

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iii) The petitioner shall also produce the copy of the order passed by the 2^nd respondent before the Land Tax Authorities for causing a fresh assessment and consequential change in classification of the land in the Basic Tax Register.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Saji John v. District Collector

Case brief

What is this about?

What did the court decide?

Saji John v. District Collector

Case brief

What is this about?

What did the court decide?

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