Dismissed

Muhammed.U.P v. the Perinthalmanna Municipalityq

Kerala HC6 Jul 2018WP(C)/4655/2016

Case brief

AI extract

What is this about?

The High Court of Keralaona consented direction to the Convener, Local Level Monitoring Committee to consider the petitioner's application under the Kerala Conservation of Paddy Land and Wetland Act, 2008 within three months, subject to a favourable order from the State authorities.

What did the court decide?

Direction to the Convener, Local Level Monitoring Committee to consider Ext.P10 within three months and Ext.P11 after a favourable order from the additional second respondent.

Muhammed.U.P Vs the Perinthalmanna… — Constitutional and Fundamental Rights | 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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FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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WP(C).No. 4655 of 2016

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PETITIONER:

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MUHAMMED.U.P, S/O MOIDEEN KUTTY, ULLATTUPARA (H), MULLIAKURSI, PATTIKKAD P.O., MALAPPURAM DISTRICT.

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BY ADV.SRI.U.K.DEVIDAS

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RESPONDENT(S):

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1. THE PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, MALAPPURAM DISTRICT-679322. REPRESENTED BY ITS SECRETARY.

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2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPRUAM-695001.

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*ADDL.R3 IMPLEADED

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*ADDL.R3 THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, AGRICULTURE OFFICE, PERINTHALMANNA, MALAPPURAM DISTRICT-679329.

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*** ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05.07.2016 IN I.A. NO. 10062/2016**

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R1 BY ADV. SRI.P.C.SASIDHARAN, SC R2 & R3 BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 4655 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1:	TRUE COPY OF THE ORDER DATED 10.2.2014 ISSUED BY THE SECRETARY, PERINTHALMANNA MUNICIPALITY.
EXHIBIT P2:	TRUE COPY OF THE JUDGMENT DATED 4.7.2014 IN WPC NO.8663/2014.
EXHIBIT P3:	TRUE COPY OF THE REPRESENTATION DATED 24.7.2014 SUBMITTED BY THE PETITIONER.
EXHIBIT P4:	TRUE COPY OF THE ORDER DATED 24.8.2014.
EXHIBIT P5:	TRUE COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA DATED 12.2.2004.
EXHIBIT P5(A):	TRUE COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA DATED 12.2.2004.
EXHIBIT P5(B):	TRUE COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA DATED 17.10.1995.
EXHIBIT P6:	TRUE COPY OF THE JUDGMENT DATED 7.11.2014 IN WPC NO.28909/2014.
EXHIBIT P7:	TRUE COPY OF THE MEMORANDUM OF APPEAL WITHOUT EXHIBITS.
EXHIBIT P8:	TRUE COPY OF THE ORDER DATED 20.11.2015 IN APPEAL NO.1347/2014.
EXHIBIT P9:	TRUE COPY OF THE PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 4.3.2014.
EXHIBIT P10	TRUE COPY OF THE APPLICATION DATED 26.09.2017 WITH RECEIPT SUBMITTED BY MUHAMMED.
EXHIBIT P10(A)	TRUE COPY OF THE APPLICATION DATED 26.09.2017 WITH RECEIPT SUBMITTED BY MUHAMMED RAFEEQUE.
EXHIBIT P10(B)	TRUE COPY OF THE APPLICATION DATED 26.09.2017 WITH RECEIPT SUBMITTED BY RAHMATH.
EXHIBIT P10(C)	TRUE COPY OF THE APPLICATION DATED 26.09.2017 WITH RECEIPT SUBMITTED BY MUHAMMED RAFEEQUE.
EXHIBIT P10(D)	TRUE COPY OF THE APPLICATION DATED 26.09.2017 WITH RECEIPT SUBMITTED BY MUHAMMED SHIBILI.
EXHIBIT P10(E)	TRUE COPY OF THE APPLICATION DATED 26.09.2017 WITH RECEIPT SUBMITTED BY ABDUL NAZAR.
EXHIBIT P11	TRUE COPY OF THE REPRESENTATION DATED 24.11.2017 BEFORE THE R.D.O, PERINTHALMANNA.

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RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PS TO JUDGE

PBS 9/7/2018

SHAJI P. CHALY, J.

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W.P.(C) No.4655 of 2016

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Dated this the 6^th day of July, 2018

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J U D G M E N T

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According to the petitioner, petitioner and 8 others are in exclusive ownership and possession of an extent of 41.02 cents of property comprised in Sy.Nos.72/4 and 72/5 of Perinthalmanna Village, Perinthalmanna Taluk. The case of the petitioner is that, even though the property is remaining as dry land, in the BTR as well as village records, it is shown as 'Nanja-2, evident from Ext.P1. Even though various contentions are raised by the petitioner in the writ petition, during the pendency of the writ petition, petitioner has submitted Ext.P10 application before the additional 3^rd respondent and Ext.P11 before the additional 4^th respondent as per the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008 and Kerala Land Utilization Order. Petitioner seeks direction for early consideration of the aforesaid applications.

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W.P.(C) No.4655 of 2016

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Having heard learned counsel for petitioner and learned Senior Government Pleader, there will be a direction to the additional 3^rd respondent to consider Ext.P10 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. If the petitioner is able to secure a favourable order from the additional 3^rd respondent, Ext.P11 shall be considered by the additional 4^th respondent in accordance with law and attain finality at the earliest possible time and at any rate within three months from the date of production of order from the LLMC. Petitioner is also directed to produce a copy of this writ petition along with all appended documents before the respective statutory authority.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 6.7.2018

Muhammed.U.P v. the Perinthalmanna Municipalityq

Case brief

What is this about?

What did the court decide?

Muhammed.U.P v. the Perinthalmanna Municipalityq

Case brief

What is this about?

What did the court decide?

What the court decided

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