Disposed

Velayudhan v. State of Kerala

Kerala HC11 Apr 2018WP(C)/3827/2018

Case brief

AI extract

What is this about?

This single-line order directs the District Collector to independently decide on a No Objection Certificate application regarding exempted land status after consulting the Taluk Land Board and hearing the petitioner, clarifying that pending civil revision proceedings do not bar such decision.

What did the court decide?

Directs District Collector to decide within three months by consulting Taluk Land Board and hearing petitioner.

Velayudhan Vs State of Kerala — 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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940

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WP(C).No. 3827 of 2018

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PETITIONER :

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VELAYUDHAN S/O.AYYAPPAN, 71 YEARS, PARAKKAL HOUSE, KOLAPPADAM, KUMARAMPUTHUR, MANNARKKAD, PALAKKAD

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BY ADVS.SRI.K.MOHANAKANNAN

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SMT.A.R.PRAVITHA

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RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM, 695001

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2. TALUK LAND BOARD MANNARKKAD REPRESENTED BY ITS CHAIRMAN, PALAKKAD 678001

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3. THE DISTRICT COLLECTOR KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD 678013

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4. THE TAHSILDAR, TALUK OFFICE, MANNARKKAD, PALAKKAD 678601

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5. THE VILLAGE OFFICER KUMARAMPUTHUR, MANNARKKAD TALUK, PALAKKAD DISTRICT, 678601

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6. THE DISTRICT REGISTRAR REGISTRAR OFFICE, CIVIL STATION, PALAKKAD 678001

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7. THE SUB REGISTRAR MANNARKKAD, PALAKKAD DISTRICT 678601

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BY SPL. GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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13/4/2018

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WP(C).No. 3827 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS :

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P1:	COPY OF THE DOCUMENT NO. 2544/1974 SRO MANNARKKAD DATED 23/5/74
*P2:	COPY OF DOCUMENT NO. 2454/1974 OF SRO MANNARKKAD DATED 23/5/74.(CORRECTED)
P3:	COPY OF THE RUBBER BOARD CERTIFICATE ISSUED TO THE MOTHER OF THE PETITIONER DATED 7/10/1983
P4:	COPY OF THE RUBBER BOARD CERTIFICATE ISSUED TO THE PETITIONER 8/1/93.
P5:	COPY OF THE BASIC TAX RECEIPT DATED 9/6/2017.
P6:	COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE R5 DATED 17/1/2018.
P7:	COPY OF THE PROCEEDINGS NO.LR-A4/30237/87 DATED 22/8/2016 SUBMITTED BY THE R3 TO THE R5
P8:	COPY OF THE PROCEEDINGS IN CC 576/73 DATED 17/2/2011
P9:	COPY OF THE REPRESENTATION DATED 28/7/2016 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR.
P10:	COPY OF THE LETTER NO.LR-A4-2016/51561/9/DATED 3/8/2016 OF THE DISTRICT COLLECTOR.
P11:	COPY OF THE LETTER NO.F2-2016/11555/9 DATED 23/1/2017.
	*Copy of document No.2454/1974 of SRO Mannarkkad dated 23.5.1974 occuring in Ext.P2 of index of the judgment in WP(C).3827/2018 is corrected and substituted as 2545/1974 as per order dated 8.8.2018 in I.A.10429/2018.

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SD/-

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ASSISTANT REGISTRAR RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.S. TO JUDGE

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bp 13/4/2018

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A. MUHAMED MUSTAQUE, J.

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W.P.(C).No.3827 of 2018

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Dated this the 11^th day of April, 2018.

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JUDGMENT

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The petitioner approached the District Collector for obtaining NOC. According to him, the land referred in the application before the District Collector is an exempted land pursuant to the ceiling proceedings. Ext.P8 is the order of the Taluk Land Board, Mannarkkad. The District Collector forwarded the application to the Tahsildar. The Tahsildar passed Ext.P11 stating that a civil revision petition is pending before this Court as against Ext.P8 order.

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It is to be noted that the civil revision petition is filed by the declarant's son. The State has not challenged it. Therefore, the question is whether the land is exempted as per Ext.P8 or not. If the land is an exempted land, certainly there may not be any difficulty for issuing a no objection certificate.

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Therefore, this Court is of the view that the District Collector shall take appropriate decision in consultation with the Taluk Land Board after adverting to Ext.P8. It is made clear that the proceedings initiated before this Court by the declarant's son will not be a bar for taking such independent decision based on the order already passed by the Taluk Land Board. The petitioner shall also be heard before taking a decision. The decision shall be

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W.P.(C).No.3827 of 2018

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taken within a period of three months.

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The writ petition is disposed of as above.

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Sd/-

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A. MUHAMED MUSTAQUE, JUDGE.

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Velayudhan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Velayudhan v. State of Kerala

Case brief

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