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Babu K.A. v. State of Kerala

Kerala HC8 Jun 2017WP(C)/18994/2017

Case brief

AI extract

What is this about?

The Court issued directions to the District Collector to consider the petitioner's application regarding property classification under the Kerala Land Utilization Order. It mandated a physical inspection by the Local Level Monitoring Committee and a report from the Remote Sensing Center before disposal.

What did the court decide?

Directions issued to the District Collector to consider the application within two months after receiving reports from the LLMC and KSREC.

Babu K.A. Vs State of Kerala — Land Acquisition | 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 K.VINOD CHANDRAN

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THURSDAY, THE 8TH DAY OF JUNE 2017/18TH JYAISHTA, 1939

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WP(C).No. 18994 of 2017 (Y)

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PETITIONER(S):

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BABU K.A.,

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AGED 52 YEARS, S/O. K.ACHUTHAN (LATE), 1ST FLOOR, KOYILOT HOUSE, RADHAGOPALAM, NEAR GANAPATHI TEMPLE, SANSKRIT COLLEGE ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682 301.

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BY ADVS.SRI.AVANEESH KOYIKKARA, 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. THE DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD P.O., ERNAKULAM DISTRICT, PIN-682 030.

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3. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, KARUKUTTY, ERNAKULAM DISTRICT, PIN-683 576.

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4. AGRICULTURAL OFFICER, KRISHI BHAVAN, KARUKUTTY, ERNAKULAM DISTRICT, PIN-683 576.

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BY GOVT. PLEADER SMT.VINEETHA HARIRAJ.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 18994 of 2017 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1: TRUE COPY OF THE LETTER DATED 19.01.2017 ALONG WITH DATA BANK REGISTER ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE APPLICATION AS PER KLU ORDER DATED 24.05.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KAKKANAD.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. VINOD CHANDRAN, J.

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===================== W.P.(C)No.18994 of 2017 - Y

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========================= Dated this the 08^th day of June, 2017

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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

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land, owned by the petitioner, having a total extent of 1.63 Ares, comprised in Block No.3 in Survey No.273/1-5 and 273-2-33 of Karukutty Village in Ernakulam District, is shown as 'wet land/paddy land' in the revenue records. The said property is not included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner's property is situated in a thickly populated residential area. The boundaries of the land are surrounded by residential plots and is a garden land. It is also submitted that there is no paddy cultivation and the land is unfit for any paddy cultivation, 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.18994/2017

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petitioner is to direct the District Collector, the 2^nd respondent herein, to consider and dispose of Ext.P2, 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 data

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bank and the description is shown as 'wet land / paddy land' in the revenue records, it is only proper that a report is received from the Local Level Monitoring Committee (LLMC) and Kerala State Remote Sensing and Environment Center (KSREC) 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

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W.P.(C)No.18994/2017

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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 (KSREC), 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 KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, 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 require the LLMC to conduct a physical inspection of the property and submit a

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W.P.(C)No.18994/2017

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report before the District Collector as to the lie and nature of

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the property, as it exists at present, along with the report from the KSREC. A copy of the report of physical inspection conducted by the LLMC and of the report of the KSREC shall be issued to the petitioner on an application made.

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On receipt of the report of the LLMC, along

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with the satellite map and report forwarded by the KSREC, the 2^nd respondent shall issue notice to the petitioner and consider

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the application, within a period of two months from that date.

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The writ petition is disposed of as above. No costs.

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Sd/- K. VINOD CHANDRAN, JUDGE

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SB/08/06/2017

Babu K.A. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babu K.A. v. State of Kerala

Case brief

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What did the court decide?

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