Disposed

Muhammed Asharaf v. State of Kerala

Kerala HC9 Nov 2017WP(C)/3114/2017

Case brief

AI extract

What is this about?

The petitioner challenged the inclusion of his property in the Data Bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008, arguing the conversion predates the Act. The Court permitted him to file a correction application with the Local Level Monitoring Committee, directing them to decide within one month based on a report from KSRSEC, while leaving other issues open.

What did the court decide?

Permission to prefer an application for correction of the Data Bank entry before the Local Level Monitoring Committee.

Muhammed Asharaf Vs State of Kerala — RTI and Transparency | 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 P.B.SURESH KUMAR

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THURSDAY, THE 9TH DAY OF NOVEMBER 2017/18TH KARTHIKA, 1939

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WP(C).No. 3114 of 2017 (L)

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PETITIONER:

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MUHAMMED ASHARAF,

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SON OF ABDU, PARAPPARAMBIL VEEZHAPPILLYNADIYATTIL, 242, VELIYATHUNAD, ERNAKULAM-683 511.

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BY ADV. SMT.K.P.SANTHI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI-682 001

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3. THE AGRICULTURAL OFFICER AND CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, KARUMALLUR, ERNAKULAM-683 511.

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BY GOVERNMENT PLEADER SRI RAVI KRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 3114 of 2017 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 2-1-2017 SUBMITTED TO THE 2ND RESPONDENT. EXHIBIT P2 TRUE XOPY OF SALE DEED NO. 84/89 OF S.R.O., CHENGAMANAD DATED 12.1.1984. RESPONDENT(S)' EXHIBITS NIL -----------------------

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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P.B.SURESH KUMAR, J

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- - - - - - - - - - - - - - - - - - - W.P.(c) No.3114 of 2017

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9^th day of November, 2017

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JUDGMENT

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Petitioner owns an item of property. The grievance

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voiced by the petitioner in the writ petition concerns the inclusion of a portion of the said property in the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). According to the petitioner, the portion of the property which is included in the Data Bank is one converted prior to the coming into force of the Act and hence not liable to be included in the Data Bank.

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2. Heard the learned counsel for the petitioner as also the learned Government Pleader.

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Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition permitting the petitioner to prefer an application in the prescribed form for correction of the entry relating to that

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W.P. (c) No.3114 of 2017

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-2-

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portion of the property which is included in the Data Bank, before the Local Level Monitoring Committee. Ordered accordingly. It is directed that if the petitioner prefers an application for the said purpose before the Local Level Monitoring Committee, the said Committee shall take a decision on the said application, having regard to the report obtained from the Kerala State Remote Sensing and Environment Centre (KSRSEC) pursuant to the interim order passed by this Court. This shall be done within one month from the date of receipt of the application along with a copy of this judgment. All other issues are left open.

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Sd/- P.B.SURESH KUMAR

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JUDGE

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bng

Muhammed Asharaf v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Asharaf v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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