Disposed

Balambika Alias Ambika M. v. the District Collector

Kerala HC9 Jul 2018WP(C)/7142/2018

Case brief

AI extract

What is this about?

This writ petition concerns a direction to the 2nd respondent to consider the petitioner's application for changing the land use of a property not included in the data bank under the Kerala Conservation of Paddy Land and Wet Land Act, 2008, ensuring disposal within three months.

What did the court decide?

The 2nd respondent directed to consider the application in accordance with law and attain finality within three months.

Balambika Alias Ambika M. Vs the District Collector — Kerala HC (2018) — LawSathi Research

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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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MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

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WP(C).No. 7142 of 2018

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PETITIONER(S)

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BALAMBIKA ALIAS AMBIKA M. W/O. THE LATE M. KARUNAKARAN, AGED 74 YEARS, MALLISSERI HOUSE, KARAPARAMBA (P.O.), KOZHIKODE - 673 010.

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BY ADV.SRI.K.PRAVEEN KUMAR

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RESPONDENT(S)

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1. THE DISTRICT COLLECTOR KOZHIKODE - 673 020.

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2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE - 673 020.

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3. THE LOCAL LEVEL MONITORING COMMITTEE, KOZHIKODE CORPORATION, REPRESENTED BY ITS CONVENER (THE AGRICULTURAL FIELD OFFICER, KRISHI BHAVAN, PUTHIYARA (P.O.), CALICUT - 673 004)

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4. THE VILLAGE OFFICER, VENGERI VILLAGE, KOZHIKODE - 673 010.

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5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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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 09-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7142 of 2018 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 08.05.17 IN RESPECT OF PROPERTY OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE IN RESPECT OF THE PROPERTY OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE APPLICATION PUT IN BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 26.02.18 UNDER KLUO.

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RESPONDENT(S)' EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE

SPV

SHAJI P. CHALY, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7142 of 2018

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9^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 is the owner in absolute possession of an extent of 28.25 cents of property comprised in R.S.Nos.6/1,6/2 and 8/3 in Vengeri Village of Kozhikode Taluk, Kozhikode District. The case of the petitioner is that, even though the property is shown in the revenue records and BTR as 'Nilam', it is not included in the data bank constituted under the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short 'the Act,2008'). In order to utilize the land for a different purpose other than paddy cultivation, in accordance with the provisions of Kerala Land Utilization Order, petitioner has submitted Ext.P3 application before the 2^nd respondent and seeks direction for early disposal of the same.

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Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the 2^nd respondent to consider Ext.P3 application, in accordance with

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W.P.(C)No. 7142 of 2018

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-:2:-

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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, after verifying the veracity with respect to the submission made in this writ petition, the property is not included in the data bank as per the Act, 2008. Petitioner is directed to produce a copy of this writ petition along with the appended documents before the 2^nd respondent.

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This writ petition is disposed of accordingly.

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Sd/SHAJI P. CHALY JUDGE

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SPV/ 09.07.2018

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//TRUE COPY//

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PA TO JUDGE

Balambika Alias Ambika M. v. the District Collector

Case brief

What is this about?

What did the court decide?

Balambika Alias Ambika M. v. the District Collector

Case brief

What is this about?

What did the court decide?

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