Disposed

P.E.Sreedevi v. the State of Kerala

Kerala HC4 Jul 2018WP(C)/2409/2018

Case brief

AI extract

What is this about?

The petitioner sought directions to the Local Level Monitoring Committee to consider her application regarding a plot shown as paddy land but recorded as dry land, and to initiate revenue procedures under the Kerala Land Utilisation Order. The court directed the Committee to decide the pending application within three months.

What did the court decide?

Directed the eighth respondent (Local Level Monitoring Committee) to consider the pending application within three months and secure necessary reports; directed the third respondent to consider the ap

P.E.Sreedevi Vs the State of Kerala — Land Acquisition | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940

¶4

WP(C).No. 2409 of 2018

¶5

PETITIONER(S)

¶6

P.E.SREEDEVI, AGED 52 YEARS,W/O MANI, PADMALAYAM,PUTHUKALAVATTOM, ELAMAKKARA.P.O,ERNAKULAM.

¶7

BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN

¶8

RESPONDENT(S):

¶9

1. THE STATE OF KERALA, REP BY SECRETARY & AGRICULTURAL PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, SECRETARIAT,THIRUVANANTHAPURAM-695001.

¶10

2. THE DISTRICT COLLECTOR, COLLECTORATE.P.O, KOTTAYAM,KERALA-686002.

¶11

3. THE REVENUE DIVISIONAL OFFICER, PALA-686575.

¶12

4. THE VILLAGE OFFICER, KULASEKHARAMANGALAM VILLAGE, KOTTAYAM-686008.

¶13

5. THE SECRETARY, MARAVANTHURUTHU GRAMA PANCHAYATH, MARAVANATHURUTHU.P.O, KOTTAYAM-686608.

¶14

6. THE MARAVANTHURUTHU GRAMA PANCHAYATH, MARAVANTHURUTHU.P.O, KOTTAYAM-686608,REP.BY ITS SECRETARY.

¶15

¶16

WP(C).No. 2409 of 2018 (A)

¶17

7. THE AGRICULTURAL OFFICER,

¶18

KRISHI BHAVAN,MARAVANTHURUTHU-686608.

¶19

8. THE LOCAL LEVEL MONITORING COMMITTEE,

¶20

CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY

¶21

LAND AND WETLAND ACT,REPRESENTED BY ITS

¶22

CONVENER,MARAVANTHURUTHU-686608.

¶23

R1 TO R4 & R7,R8 BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL

¶24

R5 & R6 BY ADVS. SRI.K.MOHANAKANNAN

¶25

SMT.A.R.PRAVITHA

¶26

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

¶28

WP(C).No. 2409 of 2018 (A)

¶29

APPENDIX

¶30

PETITIONER(S)' --------------	EXHIBITS ----------
EXT.P1	TRUE COPY OF THE SALE DEED DATED 25.5.2007
EXT.P2	TRUE COPY OF THE BASIC TAX RECEIPT DATED 17.11.2017
EXT.P3	TRUE COPY OF THE POSSESSION CERTIFICATE DATED 10.8.11
EXT.P4	TRUE COPY OF THE RECEIPT DATED 29.3.2017
EXT.P5	TRUE C0PY OF THE COMMUNICATION DATED 20.5.2017 BEARING NO.A3-8935/2017
EXT.P6	TRUE COPY OF THE APPLICATION DATED 17.11.17
EXT.P7	TRUE COPY OF THE REPLY DATED 14.11.2017
EXT.P8	TRUE COPY OF THE REPRESENTATION DATED 6.12.2017
EXT.P9	TRUE COPY OF THE RECEIPT DATED 8.12.17
EXT.P10	PHOTOGRAPH OF THE PROPERTY.
EXT.P11	TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE MONITORING COMMITTEE.

¶31

RESPONDENT(S)'EXHIBITS

¶32

---------------------EXHIBIT R7(A) TRUE COPY OF THE REPORT DATED 22.7.2016

/TRUE COPY/

PS TO JUDGE

TS 06.07.2018

SHAJI P. CHALY, J.

¶37

W.P.(C). No. 2409 OF 2018

¶38

Dated this the 04^th day of July, 2018

¶39

JUDGMENT

¶40

According to the petitioner, petitioner is the absolute owner in possession of five cents of property comprised in Survey No. 122/2A of Kulashekharamangalam Village, as per Ext.P1 sale deed, dated 25.05.2007. According to the petitioner, even though the property is remaining as a dry land, in the BTR as well as revenue records, the same is shown as Nilam and is also included in the data bank constituted under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Thereupon, petitioner has submitted Ext.P11 application before the eighth respondent, which is pending consideration. In order to seek necessary relief as per the provisions of the Kerala Land Utilisation Order, petitioner has submitted Ext.P8 before the third respondent and seeks direction for early consideration of both the applications.

¶41

Having heard learned counsel for the petitioner, learned Government Pleader and learned

¶42

W.P.(C). No. 2409 of 2018

¶43

¶44

counsel appearing for the Panchayath, there will be a direction to the eighth respondent to consider Ext.P11 application, in accordance with law and attain finality, at the earliest possible time, and at any rate, within three months from the date of receipt of a copy of this judgment. There will also be a direction to the eighth respondent to secure necessary report and satellite images from the KSREC, if needed. If the petitioner is able to secure an enabling order in her favour, Ext.P8 application shall be considered by the third respondent, in accordance with law, and attain finality, at the earliest possible, and at any rate, within three months from the date of production of the order from the eighth respondent. The petitioner is also directed to produce a copy of this writ petition along with appended documents before the appropriate statutory authorities.

¶45

This writ petition is disposed of, accordingly.

¶46

sd/- SHAJI P. CHALY JUDGE

¶47

DCS

P.E.Sreedevi v. the State of Kerala

Case brief

What is this about?

What did the court decide?

P.E.Sreedevi v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.P.Muhammed Vs State of Kerala

C.v.Sebastian Vs Malayattoor-Neeleshwaram Grama Panchayat

Sunil George Vs Mulavukadu Grama Panchayath

T.A. Wilson Vs the Secretary, Edavanakkad Grama Panchayat`

Raveendran Vs the Revenue Divisional Officer

Wilson Vs Pudukkad Grama Panchayath