Disposed

Aboobacker v. State of Kerala

Kerala HC25 Jan 2019WP(C)/1061/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam directed the Revenue Divisional Officer and Convener to finalize proceedings on a petitioner's application under Section 5 (4) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, seeking removal of a specific property from the paddy land data bank. The petitioner was also permitted to submit a new application under the 2018 Rules.

What did the court decide?

Direction to the 2nd respondent to finalize proceedings on the application submitted under Section 5 (4) of Act 2008. Petitioner allowed to submit a new application within two months.

Aboobacker Vs State of Kerala — Land Acquisition | 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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FRIDAY ,THE 25TH DAY OF JANUARY 2019 / 5TH MAGHA, 1940

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WP(C).No. 1061 of 2019

PETITIONER/S:

ABOOBACKER

AGED 61 YEARS

S/O.SYEDALIKUTTY, MANALPARAMBIL, THOTTAKKARA P.O., OTTAPPALAM, PALAKKAD - 679 102.

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BY ADVS.

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SRI.K.T.THOMAS SRI.MATHEW B. KURIAN SRI.NIKHIL BERNY

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAURAM - 1.

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2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, OTTAPALAM, PALAKKAD - 679 101.

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3 THE CONVENER/AGRICULTURAL OFFICER LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, OTTAPPALAM, PALAKKAD - 679 101.

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SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1061 of 2019

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JUDGMENT

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Petitioner is the owner on extent of 3.48 Ares of property situate in Survey No.93/9 of Ottapalam I Village, Ottapalam Taluk, Palakkad District. The property is recorded as paddy field in the revenue records. However, according to the petitioner, the property is now fully developed with trees and surrounded by residential plots and is also having Ottappalam-Perinthalmanna State Highway on one side. It is also the case of the petitioner that, the Revenue Divisional Officer has given permission for construction of residential building in the year 2005. However, property is included in the data bank as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act 2008' for short) as paddy field. Thereupon, now petitioner has submitted Ext.P3 application under Section 5 (4) of Act 2008, seeking removal of the property from the data bank and seeks direction for early consideration of the same.

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It is clear from Ext.P3 that, the Convener, Local Level Monitoring Committee is made as the respondent in the application. Therefore, there will be a direction to the 2^nd respondent to finalise the proceedings as per Ext.P3, also receiving from the petitioner, an application under statutory format, provided as per Rules, 2018, if submitted within three weeks from the date of receipt of a copy of this judgment, at the earliest and at any rate within two months from

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WP(C).No. 1061 of 2019

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the date of receipt of a copy of this judgment. Petitioner is directed to produce a copy of this writ petition along with the appendant documents before the statutory authorities for appropriate action.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 1061 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3185/2014 OF OTTAPALAM SRO. EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT FOR 2017-18 ISSUED BY VILLAGE OFFICER, OTTAPALAM-I. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 27/09/2018 SUBMITTED BY PETITIONER.

Aboobacker v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aboobacker v. State of Kerala

Case brief

What is this about?

What did the court decide?

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