Disposed

Muhammadali.P.K v. the District Collector

Kerala HC1 Feb 2019WP(C)/1463/2019

Case brief

AI extract

What is this about?

Petitioner sought regularisation for non-paddy land under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Court directed petitioner to submit application under Rules 2018 with prescribed format for consideration by statutory authorities.

What did the court decide?

Directed to submit proper application before 2nd respondent within three weeks; authorities to consider within three months.

Muhammadali.P.K Vs the District Collector — Land Acquisition | Kerala HC (2019)

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WP(C).No. 1463 of 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 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940

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WP(C).No. 1463 of 2019

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PETITIONER/S:

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MUHAMMADALI.P.K AGED 54 YEARS PALAPRA KOTTOTH HOUSE, PANGCHENDI P.O.,MALAPPURAM DISTRICT-679338.

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BY ADVS. SRI.K.ABDUL JAWAD SMT.A.GRANCY JOSE SRI.ABDUL MAJEED.N

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, MALAPPURAM-676 503.

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2 THE REVENUE DIVISIONAL OFFICER, PERINTALMANNA-679 322.

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R1 AND 2 - SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1463 of 2019

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JUDGMENT

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Petitioner is the owner in possession of 21 cents of property situate in Survey No.115/6 and 116/1 of Kuruva Village, Perinthalmanna Taluk, Malappuram District. The case projected by the petitioner is that, despite the fact that the property is remaining as a garden land, it is included in the data bank as converted land and remaining in the revenue records and BTR as paddy field. Thereupon, petitioner has submitted Ext.P3 application under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 seeking regularisation and utilisation of the property for other purposes other than paddy cultivation and agricultural operations and seeks direction for early consideration of the same.

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I have 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 consequent to the introduction of Rules 2018 to regulate the proceedings under Section 27A of Act 2008, petitioner may have to submit an application in accordance with the format prescribed under the Rules. In that view of the matter, petitioner is directed to submit a proper application before the 2^nd respondent within three weeks from the date of receipt of a copy of this judgment, if received, it shall be

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WP(C).No. 1463 of 2019

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considered by the 2^nd respondent, in accordance with law, at the earliest and at any rate within three months from the date of receipt of the application in proper format, along with the request made in Ext.P3 and also applying the parameters and stipulations contained under Section 27A of Act 2008 as amended by Act 2018. 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. 1463 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 DATED 18.12.2018. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 28.12.2018, SUBMITTED BEFORE THE R.D.O., PERINTHALMANNA.

Muhammadali.P.K v. the District Collector

Case brief

What is this about?

What did the court decide?

Muhammadali.P.K v. the District Collector

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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