Remanded

Younus Aliyar v. State of Kerala

Kerala HC9 Jul 2018WP(C)/8812/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Local Level Monitoring Committee to reconsider the petitioner's application for removing a property from the data bank in the prescribed format. It also directed the Municipal authority to consider the land utilisation application once the removal is finalized.

What did the court decide?

Direction to submit application in prescribed format and to the competent authorities to consider the same within three months.

Younus Aliyar Vs State of Kerala — Public Procurement and Tenders | 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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MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

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WP(C).No. 8812 of 2018

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PETITIONER

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YOUNUS ALIYAR, AGED 49 YEARS, S/O.ALIYAR, UTHINATTU HOUSE, KIZHAKKEKARA, MUVATTUPUZHA.

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BY ADV.SRI.L.RAJESH NARAYAN

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RESPONDENTS:

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1. STATE OF KERALA REP. BY SECRETARY & AGRICULTURAL PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM.695 001.

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2. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM.682 031.

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3. VILLAGE OFFICER, VELLURKUNNAM VILLAGE, MUVATTUPUZHA.686 673.

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4. SECRETARY, MUVATTUPUZHA MUNICIPALITY, MUVATTUPUZHA.686 673.

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5. MUVATTUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, MUVATTUPUZHA.686 673.

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6. AGRICULTURAL OFFICER KRISHI BHAVAN, MUVATTUPUZHA.686 673.

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7. THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED UNDER THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, REPRESENTED BY ITS CONVENOR, MUVATTUPUZHA.686 673.

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8. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA.686 673.

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R1 TO R3 & R6 TO R8 BY GOVERNMENT PLEADER SRI. PAUL ABRAHAM R4,R5 BY ADV. SRI.RAM MOHAN L., SC,

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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. 8812 of 2018 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.12.2017. EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 15.12.17. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 8.1.18. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 2.3.2018. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 8.3.18. EXHIBIT P6 TRUE COPY OF THE REQUEST. EXHIBIT P7 TRUE COPY OF THE APPLICATION BEFORE THE 8TH RESPONDENT DATED 20.3.18 EXHIBIT P8 TRUE COPY OF THE APPLICATION BEFORE THE 7TH RESPONDENT DATED 20.3.18

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RESPONDENTS EXHIBITS NIL

/TRUE COPY/

PA TO JUDGE

sdr/20.7.18

SHAJI P.CHALY, J.

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========================

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W.P.(C) No.8812 of 2018

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======================== Dated this the 9^th day of July 2018

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JUDGMENT

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According to the petitioner, he is the absolute owner in

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possession of 5.31 Ares of property comprised in Sy.No.841/4-6 of Vellurkunnam Village, purchased as per Sale deed No.2690/1/2015 dated 28.7.2015 of SRO, Muvattupuzha. The case of the petitioner is that even though in the BTR as well as revenue records, the property is shown as nilam, in reality the property is a dry land. Thereupon, petitioner has submitted Ext.P8 application before the 7^th respondent seeking removal of the property from the data bank, since in the data bank constituted under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008 for short), the said property is included. Petitioner has also submitted Ext.P7 application before the 8^th

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W.P.(C) No.8812 of 2018

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respondent as per the provisions of Clause 6 of the Kerala Land Utilisation Order seeking permission to utilise the land for a different purpose, other than paddy cultivation. Petitioner seeks direction for early consideration of Exts.P7 and P8 applications.

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Heard learned Counsel for the petitioner and the learned Government Pleader and perused the pleadings and documents on record.

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Learned Government Pleader pointed out that Ext.P8 application submitted by the petitioner before the 7^th respondent is not in the prescribed format, in accordance with the provisions of the statute and therefore, petitioner may be directed to submit an application in the format prescribed under Act 2008. Therefore, there will be a direction to the petitioner to submit the application seeking removal of the property from the data bank in the form prescribed under Act 2008 and there will be a direction to the 7^th respondent to consider the said application, in accordance with law, at the earliest, and at any rate, within three months from the date of receipt of the application in

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W.P.(C) No.8812 of 2018

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the prescribed format. If the petitioner is able to secure an order in accordance with the directions contained above, Ext.P7 application shall be considered by the 8^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 the order from the Local Level Monitoring Committee. Petitioner is also directed to produce a copy of this writ petition along with the appended documents before the respective statutory authorities for appropriate action.

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The writ petition is disposed of as above.

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Sd/

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SHAJI P.CHALY JUDGE

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jm/ \ True copy \

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PA to Judge

Younus Aliyar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Younus Aliyar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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