Disposed

Sajeeda Beevi v. Pathanamthitta Municipality

Kerala HC6 Dec 2019WP(C)/11287/2019

Case brief

AI extract

What is this about?

The court directed the Local Level Monitoring Committee to consider the petitioners' application for removal of properties from the Data Bank prepared under the Kerala Conservation of Paddy Land and Wetland Act. It mandated the use of satellite images at petitioners' expense and set a three-month timeline for the LLMC to submit recommendations to the Revenue Divisional Officer for final disposal.

What did the court decide?

Directed the Local Level Monitoring Committee to consider the application, obtain satellite images at petitioners' expense, and forward recommendations to the Revenue Divisional Officer within three m

Sajeeda Beevi Vs Pathanamthitta Municipality — Municipal and Town Planning | 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 DEVAN RAMACHANDRAN

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FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941

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WP(C).No.11287 OF 2019(I)

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PETITIONERS:

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1 SAJEEDA BEEVI AGED 63 YEARS W/O.M.ABDUL RAHMAN, THONDAMANNIL HOUSE, VALANCHUZHI, PATHANAMTHITTA-689645.

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2 ALPHA FIROS AGED 43 YEARS W/O.FIROS, THAIKAVIL HOUSE, VETTIPRAM MURI, PATHANAMTHITTA.P.O., PIN-689645.

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BY ADV. SHRI.ESM.KABEER

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RESPONDENTS:

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1 PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA-689645.

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2 THE ASSISTANT ENGINEER, PATHANAMTHITTA MUNICIPALITY, MUNICIPAL OFFICE, PATHANAMTHITTA-689645.

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3 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, DISTRICT AGRICULTURAL OFFICER, DISTRICT AGRICULTURAL OFFICE, PATHANAMTHITTA.P.O., PIN-689645.

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R1 BY SRI.GEORGE ABRAHAM PACHAYIL, SC, PATHANAMTHITTA MUNICIPALITY GP K.J.MANURAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.11287 OF 2019

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JUDGMENT

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Dated this the 6th day of December 2019

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When this matter was taken up today, the

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learned counsel for the petitioners submitted

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that his clients' limited plea is that the

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application preferred by them under Section 5(4)

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of the Kerala Conservation of Paddy Land and

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Wetland Act, for removing their properties comprised of in Survey Nos.229/15A1 & 229/15A1-1

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of Pathanamthitta Village from the Data Bank prepared by the Local Level Monitoring Committee (LLMC) be directed to be taken up and disposed of

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because the properties have been included in it

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in error.

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The learned Government Pleader

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Sri.K.J.Manuraj, submitted that since the

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petitioners have preferred the application under

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Section 5(4) of the Paddy Land Act, it is obvious

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WP(C).No.11287 OF 2019

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that the Data Bank has become final and

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therefore, that it is only the Revenue Divisional Officer (RDO), who can take a decision thereon and issue orders. He, however, says that he does not have specific instructions as to whether such an application is still pending.

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Taking note of the afore submissions and

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since the petitioners' only plea is that their application, preferred under Section 5(4) of the Paddy Land Act before the LLMC, namely Ext.P10(2), be taken up and disposed of by the competent Authority appropriately, I order this writ petition and direct the LLMC to consider the said application and make their recommendations

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thereon, after obtaining the satellite images

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from the Kerala State Remote Sensing and Environment Centre (KSREC) - the expenses for

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which will be owned by the petitioners as and

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when called upon to do so - and then forward the application, along with such recommendations to

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the Revenue Divisional Officer (RDO), since he is

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WP(C).No.11287 OF 2019

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the competent Authority to issue final orders under Section 5(4) of the Paddy Land Act.

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The afore exercise shall be completed by the LLMC as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment and on receipt of the recommendation from the LLMC, the RDO will dispose of the application of the petitioners finally, as early as is possible, but not later than two months thereafter.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.11287 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 POSSESSION CERTIFICATE OF THE 1ST PETITIONER DATED 28.11.2018 ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA.
EXHIBIT P2	TRUE COPY OF THE LAND TAX RECEIPT DATED 9.11.2018 OF THE 1ST PETITIONER ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA.
EXHIBIT P3	TRUE COPY OF THE POSSESSION CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA DATED 28.11.2018.
EXHIBIT P4	TRUE COPY OF THE PETITION DATED 23.8.2017 OF THE 1ST PETITIONER.
EXHIBIT P5	TRUE COPY OF THE PETITION DATED 23.8.2017 OF THE 2ND PETITIONER.
EXHIBIT P6	TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT WITH DETAILS SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 A	TRUE COPY OF THE APPLICATION WITH DETAILS SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 B	TRUE COPY OF THE APPLICATION WITH DETAILS SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 C	TRUE COPY OF THE APPLICATION WITH DETAILS SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE PROPOSED PLAN FOR THE BUILDING.
EXHIBIT P8	TRUE COPY OF THE ORDER REJECTING THE BUILDING PERMIT OF THE 1ST PETITIONER DATED 5.1.2019.
EXHIBIT P9	TRUE COPY OF THE ORDER REJECTING THE

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WP(C).No.11287 OF 2019

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BUILDING PERMIT OF THE 2ND PETITIONER DATED 5.1.2019.

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EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT

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EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT

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//TRUE COPY// PA TO JUDGE

Sajeeda Beevi v. Pathanamthitta Municipality

Case brief

What is this about?

What did the court decide?

Sajeeda Beevi v. Pathanamthitta 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

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