Disposed

James.K.Mathew, v. District Collector

Kerala HC4 Jul 2019WP(C)/11068/2019

Case brief

AI extract

What is this about?

Petitioners sought direction to remove 137.59 ares of their property from the paddy field data bank under the Kerala Conservation of Paddy land and Wet land Act. The court granted liberty to submit a proper application and directed disposal within four months.

What did the court decide?

Liberty granted to submit proper application; order considered and finalized within four months of receipt.

James.K.Mathew, Vs District Collector — 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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THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941

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WP(C).No.11068 of 2019

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PETITIONER/S:

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1 JAMES.K.MATHEW, AGED 56 YEARS S/O. MATHEW, PARAMBATH KIZHEKKEKARA HOUSE, EZHAKKARANADU PANCHAYATH, MANNEEDU VILLAGE, EZHAKKARANADU P.O, PIN 682 308 MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

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2 LAYA JAMES, AGED 50 YEARS W/O. JAMES K. MATHEW, PARAMBATH KIZHEKKEKARA HOUSE, EZHAKKARANADU PANCHAYATH, MANEEDU VILLAGE, EZHAKKARANADU P.O, PIN 682 308 MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

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BY ADV. SRI.BABU JOSEPH PYNADATH

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RESPONDENT/S:

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1 DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, KOCHI 682 030

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2 SUB COLLECTOR, FORT KOCHI, KOCHI 682 001

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3 ANGAMALY VILLAGE OFFICE ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683572 REPRESENTED BY ITS VILLAGE OFFICER.

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4 VILLAGE OFFICER, ANGAMALY VILLAGE OFFICE, ANGAMALY, ANGAMALY,ALUVA TALUK, ERNAKULAM DISTRICT, PIN 683572

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5 AGRICULTURAL OFFICER, (LLMC CONVENOR), AGRICULTURAL OFFICE, ANGAMALY, ERNAKULAM DISTRICT, PIN 683572

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SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.11068 of 2019 2

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JUDGMENT

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Petitioners are the owners of 161.55 ares of

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property comprised in various survey numbers of Block XII of Angamaly Village. The description of

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the property is entered in the BTR as nilam, but out of the 161.55 ares, 137.59 ares of property is not included in the data bank as paddy field. Any how, seeking direction for removal of the property from

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the data bank, petitioners have submitted Ext.P8 before the 5^th respondent seeks direction for early

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consideration of the same. Learned Government Pleader submitted that, there is a format prescribed under the Kerala Conservation of Paddy land and Wet land Act, 2008, therefore petitioners will have to submit the application in the proper format.

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Having heard learned counsel for the

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petitioners and the learned Government Pleader, the

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liberty of the petitioners to submit proper

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WP(C).No.11068 of 2019 3

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application is left open and if any such application is received, it shall be considered and finalised also taking into account the details contained under Ext.P8, at the earliest possible and at any rate, within four months from the date of receipt of a

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copy of this judgment, if required after securing participation of the petitioners.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

Hmh

WP(C).No.11068 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF SALE S.R.O ANGAMALY DAT	DEED NO. 1560/2016 OF ED 20-05-2016
EXHIBIT P2	TRUE COPY OF NOTIC ISSUED BY VILLAGE	E DATED 3-1-2018 OFFICER, ANGAMALY
EXHIBIT P3	TRUE COPY OF ORDER BY SUB COLLECTOR,	DATED 3-5-2018 ISSUED FORT KOCHI
EXHIBIT P4	TRUE COPY OF JUDGM IN W.P(C) NO. 7290 HON'BLE COURT.	ENT DATED 13-11-2018 OF 2018 OF THIS
EXHIBIT P5	TRUE COPY OF REPLY PETITIONERS BEFORE 5-12-2018	SUBMITTED BY THE 1ST RESPONDENT DATED
EXHIBIT P6	TRUE COPY OF REPLY PETITIONERS BEFORE 5-12-2018	SUBMITTED BY THE 2ND RESPONDENT DATED
EXHIBIT P7	TRUE COPY OF REPLY PETITIONERS BEFORE 12-12-2018	SUBMITTED BY THE 4TH RESPONDENT DATED
EXHIBIT P8	TRUE COPY OF REPLY PETITIONERS BEFORE 12-12-2018	SUBMITTED BY THE 5TH RESPONDENT DATED

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RESPONDENT'S/S EXHIBITS: NIL

James.K.Mathew, v. District Collector

Case brief

What is this about?

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James.K.Mathew, v. District Collector

Case brief

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