Allowed

T.v.Narayanan v. Palakkad Municipality

Kerala HC6 Jul 2018WP(C)/7643/2018

Case brief

AI extract

What is this about?

Writ petition for direction to the Local Level Monitoring Committee to consider a pending application for land utilization within two months, following the provision of a report by statutory authorities under the Kerala Land Utilization Order.

What did the court decide?

Direction to the 3rd respondent to consider the application within two months after securing a report from statutory authorities if required.

T.v.Narayanan Vs Palakkad Municipality — 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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FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940

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WP(C).No. 7643 of 2018

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PETITIONER:

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T.V.NARAYANAN, SON OF T.K.VENKATESWARAN, AGED 61 YEARS, SUR VEENA SAAZ, 406, VIDEOCON TOWER LAYOUT, THAKUR COMPLEX, KANDIVALI EAST,MUMBAI 400101;PRESENTLY AT 7/590, NEAR SIVAN KOVIL STREET,THAREKKAD,PALAKKAD.

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BY ADVS.SRI.JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB

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RESPONDENT(S):

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1. PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY,MUNICIPAL OFFICE, PALAKKAD-678001.

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2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD,PIN-678001.

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3. THE LOCAL LEVEL MONITORING COMMITTEE FOR PALAKKAD MUNICIPALITY ,CONSTITUTED UNDER THE CONSERVATION OF PADDY AND WETLAND ACT,REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, PALAKKAD-678001.

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R1 BY ADV. SRI.T.C.SURESH MENON R2 & R3 BY SENIOR GOVERNMENT PLEADER SRI. P.M. MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 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. 7643 of 2018 (E)

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APPENDIX PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE RELATING TO THE PLOT. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED MAY 29,1992 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED JANUARY 19,2018 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PS TO JUDGE

PBS 06/07/2018

SHAJI P. CHALY, J.

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W.P.(C) No.7643 of 2018

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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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Petitioner along with his wife are the owners in possession and enjoyment of an extent of 8 cents of land in Sy.No.2890/3 (Re-Sy Block No.70, Ward 1 of Palakkad- 2 within the limits of the Palakkad Municipality). According to the petitioner, the property was purchased in the year 1991, evident from Ext.P1 possession certificate. It is also submitted that, since the property was included as 'nilam', petitioner has approached the statutory authority under the provisions of Kerala Land Utilization Order for utilizing the land for different purposes other than paddy cultivation and has secured Ext.P2. Now the problem faced by the petitioner is, the property is included in the data bank and thereupon, petitioner has submitted Ext.P4 application before the 3^rd respondent, which is pending consideration. Petitioner seeks direction for early consideration of the same.

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W.P.(C) No. 7643 of 2018

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Having heard learned counsel for petitioner and learned Senior Government Pleader, there will be a direction to the 3^rd respondent to consider Ext.P4 in accordance with law, if required after securing a report from the statutory authorities, and attain finality at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment. Petitioner is also directed to produce a copy of this writ petition along with all appended documents before the 3^rd respondent for appropriate action.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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smv 6.7.2018

T.v.Narayanan v. Palakkad Municipality

Case brief

What is this about?

What did the court decide?

T.v.Narayanan v. Palakkad Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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