Disposed

Treasa Jose v. the District Collector

Kerala HC14 Nov 2018WP(C)/13336/2018

Case brief

AI extract

What is this about?

The court directed the 3rd respondent to finalize Data Bank proceedings within three months and directed the 2nd respondent to consider the utilization application once enabling orders are produced, also directing the petitioner to submit the writ petition copy.

What did the court decide?

Direction to 3rd respondent to finalize Data Bank proceedings within three months; direction to 2nd respondent to consider application within three months of receiving LLRC order.

Treasa Jose Vs the District Collector — Land Acquisition | Kerala HC (2018)

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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 SHAJI P.CHALY

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WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940

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WP(C).No. 13336 of 2018

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PETITIONERS:

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1 TREASA JOSE

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EZHAKUNNEL HOUSE, MANNAKANADU PO, KURUVILANGAD VIA, KOTTAYAM 686 633.

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2 ASHI JOSE EZHAKUNNEL HOUSE, MANNAKANADU PO, KURUVILANGAD VIA, KOTTAYAM 686 633.

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3 ALEXANDER E.K EZHAKUNNEL HOUSE, MANNAKANADU PO, KURUVILANGAD VIA, KOTTAYAM 686 633.

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BY ADV. SRI.GEORGEKUTTY MATHEW

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR

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COLLECTORATE , KOTTAYAM 686 001.

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2 THE REVENUE DIVISIONAL OFFICER

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MINI CIVIL STATION, PALA 686 576.

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3 THE LOCAL LEVEL MONITORING COMMITTEE KRISHI BHAVAN, MARANGATTUPALLY PO, KOTTAYAM 686 635.

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4 THE VILLAGE OFFICER ELACKADU VILLAGE , KOTTAYAM 686 635.

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R1 to R4 SRI. P.M. MANOJ, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13336 of 2018

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-2-

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JUDGMENT

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The 1^st petitioner is the owner of an

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extent of 1.92 Ares of property situate in Resurvey No.300, Block-VI of Kurichithanam Village, Kottayam District. The case of the petitioner is that, though the property is remaining as a garden land, it is included in the Data Bank constituted as per the Conservation of Paddy Land and Wet Land Act, 2008, and remaining in the Village records and BTR as 'paddy field'. Thereupon, petitioner has submitted Ext.P6 application before the 3^rd respondent seeking removal of the property from the Data Bank and Ext.P3 application before the 2^nd respondent seeking permission for utilization of the property for other

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WP(C).No. 13336 of 2018

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-3-

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purposes other than paddy cultivation and agricultural operations. Petitioners seeks direction for early consideration of the application.

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2. Having heard, learned counsel for the petitioner and the learned Government Pleader, there will be a direction to the 3^rd respondent to finalize the proceedings pertaining to Ext. P6 at the earliest, and at any rate, within three months from the date receipt of a copy of this judgment, and if the petitioner is producing enabling orders as directed above, Ext.P4 shall be considered by the 2^nd respondent in accordance with law, and attain finality, at the earliest, and at any rate, within three months from the date of receipt of a copy of the order from LLMC. Petitioner is directed to produce copy of the writ

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WP(C).No. 13336 of 2018

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-4-

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petition along with the documents before the statutory authorities for appropriate action.

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3. The writ petition is disposed of

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accordingly.

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SD/-

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SHAJI P.CHALY,JUDGE

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WP(C).No. 13336 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	TRUE COPY OF THE 12/06/2017	SALE DEED DATED
EXT.P2	TRUE COPY OF THE 24/08/2017 ISSUED RESPONDENT.	STOP MEMO DATED BY THE 4TH
EXT.P3	TRUE COPY OF THE 25/11/2017 SUBMIT RESPONDENT ALONG	APPLICATION DATED TED BEFORE THE 1ST WITH RECEIPT.
EXT.P4	TRUE COPY OF THE 26/10/2017 SUBMIT RESPONDENT ALONG	APPLICATION DATED TED BEFORE THE 2ND WITH RECEIPT.
EXT.P5 EXT.P6	TRUE COPY OF THE 03/11/2017 SUBMIT RESPONDENT ALONG ACKNOWLEDGMENT CA TRUE COPY OF THE 18.058.2018 SUBM RESPONDENT ALONG ACKNOWLEDGMENT C	APPLICATION DATED TED BEFORE THE 3RD WITH POSTAL RD. APPLICATION DATED ITTED BEFORE THE 3RD WITH POSTAL ARD.

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SJ 14.11.2018

Treasa Jose v. the District Collector

Case brief

What is this about?

What did the court decide?

Treasa Jose v. the District Collector

Case brief

What is this about?

What did the court decide?

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