Disposed

Deepa v. the Revenue Divisional Officer

Kerala HC4 Feb 2019WP(C)/1046/2019

Case brief

AI extract

What is this about?

The Court in this Writ Petition (Civil) directed the 2nd Respondent to finalize the Petitioner's application for removing the property from the data bank within three months. The order also mandated that further applications be received in a prescribed format applicable under Section 27A of the Act, 2008 as amended by the Act, 2018, within three months of the submission of such applications.

What did the court decide?

Direction to finalize applications within three months; require new applications in prescribed format.

Deepa Vs the Revenue Divisional Officer — Environment and Pollution | Kerala HC (2019)

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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 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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WP(C).No. 1046 of 2019

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PETITIONER/S:

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DEEPA, AGED 35 YEARS, W/O.SHAJI, NEENDOOR HOUSE, AKKIKKAVU P.O., THRISSUR DISTRICT.

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BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.CHITHRA.S.BABU SMT.R.RAJITHA SRI.R.N.SANDEEP

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RESPONDENT/S:

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1 THE REVENUE DIVISIONAL OFFICER, THRISSUR - 680 001.

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2 THE LOCAL LEVEL MONITORING COMMITTEE, PORKULAM GRAMA PANCHAYAT REP. BY ITS CONVENOR, AGRICULTURAL OFFICE KRISHNA, PORKULAM - 680 519.

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3 PORKULAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PORKULAM, THRISSUR DISTRICT - 680 519.

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R1 AND R2- SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER R3 BY SRI.GINESH KUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1046 of 2019 2

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JUDGMENT

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Petitioner is the owner of an extent of 2.24

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Ares of property situate in Sy.No.73/2 of Porkulam Village. According to the petitioner, a commercial building is constructed in the said property. Even though, petitioner has submitted an application before the Revenue Divisional

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Officer, seeking permission for utilization of the property for other purposes other than paddy cultivation and agricultural operations, the

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Revenue Divisional Officer has addressed the

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Panchayat Secretary as per Ext.P2 dated 13.12.2017, stating that the property was

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converted much earlier and it is not included in the data bank.

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Learned counsel for the petitioner submitted that, in order to secure an order, petitioner has submitted Ext.P5 application

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before the Local Level Monitoring Committee, ie,

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the 2^nd respondent, seeking removal of the

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property from the data bank and Ext.P6

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application before the 1^st respondent seeking regularization and permission for utilization of the property for other purposes other than paddy

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WP(C).No. 1046 of 2019 3

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cultivation and agricultural operations. Petitioner seeks direction for early

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consideration of the same.

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I have heard learned counsel for the petitioner and learned Senior Government Pleader and perused the pleadings and the documents on record.

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Learned Senior Government Pleader pointed out that, consequent to the introduction of Rules 2018, to regulate the proceedings under Section 27A of Act, 2008, as amended by Act, 2018, petitioner may have to submit an application in the format prescribed under the Rules.

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Therefore, this writ petition is disposed of, directing the 2^nd respondent to finalize Ext.P5 application at the earliest, and at any rate, within three months from the date of

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receipt of a copy of this judgment. If the petitioner is producing necessary enabling orders as directed above, an application in the format

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shall be received from the petitioner, which shall be considered along with Ext.P6 and attain finality at the earliest and at any rate, within three months from the date of production of the

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WP(C).No. 1046 of 2019 4

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application in the format by the petitioner, applying the parameters and stipulations contained under Section 27A of Act, 2008, as

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amended by Act, 2018, since even according to the

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petitioner, the property is remaining in an irreversible condition as a paddy field and the application is dated 31.12.2018.

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Needless to say, if the petitioner is

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producing necessary orders as directed above and the petitioner has submitted any application for regularization, the orders shall be taken into account by the Secretary of the Grama Panchayat while adjudicating and passing orders on the regularization application.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 04.02.2019

WP(C).No. 1046 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER DATED 9/2/18 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF LETTER DATED 13/12/17 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P3 TRUE COPY OF DECISION TAKEN BY THE 2ND RESPONDENT DATED 6/7/17.

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EXHIBIT P4 TRUE COPY OF RELEVANT PAGE OF THE DATA BANK CONCERNING THE PETITIONER'S PROPERTY.

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EXHIBIT P5 TRUE COPY OF APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT.

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EXHIBIT P6 TRUE COPY OF APPLICATION DATED 31/12/18 SUBMITTED BEFORE THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Deepa v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Deepa v. the Revenue Divisional Officer

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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