Disposed

Manoj P. Kunjachan v. the Revenue Divisional Officer, Muvattupuzha

Kerala HC16 Jul 2018WP(C)/23581/2018

Case brief

AI extract

What is this about?

The Court issued directions to local authorities to accept belated applications regarding land classification under the Kerala Conservation of Paddy Land and Wet Land Act and to consider utilisation applications under the Kerala Land Utilisation Order within three months, dismissing the petitions subsequently.

What did the court decide?

Directions issued to the third respondent to receive and consider Ext.P5 applications within three months and to the first respondent to consider Ext.P3 applications within three months.

Manoj P. Kunjachan Vs the Revenue Divisional Officer… — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940

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PETITIONER

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MANOJ P. KUNJACHAN AGED 46 YEARS, S/O.LATE P.M.KUNJACHAN, PALAPPILLIL HOUSE, PAMPAKUDA P.O., MUVATTUPUZHA TALUK.

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BY ADV.SRI.K.C.VINCENT

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RESPONDENTS:

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1. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA - 686 661

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2. THE VILLAGE OFFICER

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ONAKKOOR VILLAGE, ERNAKULAM DISTRICT,

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PIN 686667.

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3. LOCAL LEVEL MONITORING COMMITTEE

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REP. BY AGRICULTURE OFFICER, KRISHI BHAVAN,

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PAMPAKUDA 686667.

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BY GOVERNMENT PLEADER SRI. MANURAJ K.J.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2018 ALONG WITH W.P.(C). NOS. 23584/2018 AND 23636/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23581 of 2018 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 05.01.2017 EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT. EXHIBIT P5 TRUE COPY OF THE APPLICATION TO DELETE THE ENTRY FROM DATA BANK

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RESPONDENTS(S)' EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

SHAJI P. CHALY, J.

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W.P.(C). Nos. 23581, 23584 &

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23636 OF 2018

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Dated this the 16^th day of July, 2018

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JUDGMENT

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These writ petitions are filed by one and the same petitioner and the subject matter for consideration are also typical in nature, under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short the 'Act, 2008') and the Kerala Land Utilisation Order, 1967. Therefore, I propose to pass a common judgment.

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According to petitioner, petitioner is the owner of the property situated in various Survey Numbers of Onakkoor Village in Muvattupuzha Taluk. It is the case of the petitioner that even though the property is remaining as a dry land, it is included in the BTR as well as in the revenue records as Nilam. The property is also included in the data bank constituted under the provisions of the Act, 2008. Thereupon, petitioner has offered Ext.P5

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W.P.(C). Nos. 23581, 23584 & 23636 OF 2018

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applications before the third respondent, however the same were not received on the ground that they are belated applications on account of the time period fixed, under the provisions of the Act, 2008 and the Rules appended thereto. Petitioner has also submitted Ext.P3 applications before the first respondent, as per the provisions of the Kerala Land Utilisation Order, seeking utilisation of the property for different purposes other than paddy cultivation and seeks appropriate directions.

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Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the third respondent to receive Ext.P5 applications from the petitioner, if same are offered, within two weeks from the date of receipt of a copy of this judgment from the petitioner and same shall be considered, in accordance with law, at the earliest possible, and at any rate, within three months from the date of receipt of applications. If the petitioner is able to secure enabling orders in his favour, Ext.P3 applications

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W.P.(C). Nos. 23581, 23584 & 23636 OF 2018

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submitted by the petitioner under the Kerala Land Utilisation Order shall be considered by the first respondent, at the earliest possible, and at any rate, within three months from the date of receipt of orders from the Local Level Monitoring Committee. The petitioner is also directed to produce copy of writ petitions along with appended documents before the appropriate statutory authorities.

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Writ petitions are disposed of, accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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DCS

Manoj P. Kunjachan v. the Revenue Divisional Officer, Muvattupuzha

Case brief

What is this about?

What did the court decide?

Manoj P. Kunjachan v. the Revenue Divisional Officer, Muvattupuzha

Case brief

What is this about?

What did the court decide?

What the court decided

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