Disposed

Saji .C.S v. State of Kerala

Kerala HC5 Jun 2017WP(C)/9533/2017

Case brief

AI extract

What is this about?

The Court directed the Agricultural Officer to obtain a report from the Kerala State Remote Sensing and Environment Center regarding the nature of the disputed land prior to the Retention Act to ascertain its original category before considering conversion.

What did the court decide?

The petitioner directed to obtain a KSREC report and submit receipts; the RDO to consider the application within two months of the report.

Saji .C.S 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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MONDAY, THE 5TH DAY OF JUNE 2017/15TH JYAISHTA, 1939

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WP(C).No. 9533 of 2017 (N)

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PETITIONER(S):

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SAJI .C.S, AGED 50 YEARS, S/O. SIVARAMAN CHARUVIL HOUSE, NADUKANI P.O KOTHAMANGALAM

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BY ADVS.SRI.ALEXANDER JOSEPH

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SMT.AKHILASREE BHASKARAN

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RESPONDENT(S):

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

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2.THE DISTRICT COLLECTOR ERNAKULAM 682 030

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3.THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA 686 661

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4.THE VILLAGE OFFICER, THRIKKARIYOOR VILLAGE THRIKKARIYOOR P O KOTHAMANGALAM 686 691

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5.THE LOCAL LEVEL MONITORING COMMITTEE REP. BY ITS CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN PINDIMANA KOTHAMANGALAM 686 698

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6.THE PINDIMANA GRAMA PANCHAYAT REP. BY ITS SECRETARY PINDIMANA P O KOTHAMANGALAM 686 691

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R1-R5 BY SPL.GOVERNMENT PLEADER SRI MUHAMMED ANZAR R1-R5 BY GOVERNMENT PLEADER SRI M V ANANDAN

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R6 BY ADV. SRI. P.V.BABY, SC, PINDIMANA GRAMA PANCHAYAT,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.9533 OF 2017 n

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APPENDIX

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PETITIONERS EXHIBITS;

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EXT.P1: TRUE COPY OF THE SALE DEED NO.2205/2011 DATED 19.04.2011 OF KOTHAMANGALAM SRO

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EXT.P2: TRUE EXTRACT OF THE DATA BANK PREPARED BY THE 5TH RESPONDENT EXT.P3: TRUE COPY OF THE PROPERTY OF THE PETITIONER

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EXT.P4:TRUE COPY OF THE POSSESSION CERTIFICATE DT 16.01.2017 ISSUED BY THE 4TH RESPONDENT

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EXT.P5: TRUE COPY OF THE APPLICATION DT 10.3.2017 TO THE 3RD RESPONDENT

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EXT.P6: TRUE COPY OF THE REPORT DT 8.12.2015 OF THE 5TH RESPONDENT

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EXT.P7: TRUE COPY OF THE APPLICATION DT 14.03.2017

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RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

W.P(C) No. 9533 of 2017 N

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Dated this the 05^th day of June, 2017 J U D G M E N T

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The petitioner is the owner of an extent of 7.96

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Ares in Sy.No.707/8/3/10 of Thrikkariyoor Village of

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Kothamangalam Taluk, obtained by Ext.P1. The land was included in Ext.P2, the extract of the data bank for the area, under the Kerala Conservation of Paddy Land and Wet Land Act, 2008, ('Paddy Land Act' for short). However, the

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petitioner contends that the land is lying as garden land with yielding trees.

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Ext.P4 is the possession certificate issued by the

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revenue authority which shows the class of land as Wetland.

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The petitioner hence approached the RDO under Clause (6),

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WPC.No.9533/2017

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: 2 :

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through Ext.P5. The Agricultural Officer has filed a report

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before the RDO as per Ext.P6 in which it is found that the land,

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though included in the data bank as paddy land, is remaining as converted long prior to 2008.

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This Court had directed the LLMC to carry out an

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inspection and report on the lie and nature of the property. The report of the LLMC has been placed on record by a memo dated 29.04.2017 along with the minutes of meeting of the LLMC.

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The LLMC is seen to have inspected the

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property and found yielding trees in the property having more than 10 years age. However, the LLMC had noticed the decision arrived at in a meeting chaired by the Hon'ble Agricultural Minister that if there is a dispute on the categorisation of such lands, that had been converted prior to

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WPC.No.9533/2017

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: 3 :

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2008, the same shall be decided based on a report obtained

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from the Kerala State Remote Sensing and Environment Center (KSREC). In such circumstances, it is only proper that the RDO consider Ext.P5 application, filed by the petitioner, under the Kerala Land Utilisation Order, 1967 after obtaining a report of the KSREC.

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It is directed that the petitioner shall produce

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a copy of the writ petition before the Agricultural Officer along with the copy of the Field Measurement Book and

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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

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WPC.No.9533/2017

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: 4 :

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Environment Center (KSREC), Vikas Bhavan, C-Block,

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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 physical inspection of the property and submit a report before the RDO as to the lie and nature of 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

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WPC.No.9533/2017

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: 5 :

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of the KSREC shall be issued to the petitioner on an application made.

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On receipt of the report of the Agricultural

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Officer, along with the satellite map and report forwarded by the KSREC, the 3^rd respondent shall issue notice to the petitioner and consider the application, within a period of two

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months from the date of receipt of the report of the Agricultural Officer.

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

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

Saji .C.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saji .C.S 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

Parties & counsel

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