Disposed

Ibrahim Moidu Hassan v. the District Collector

Kerala HC28 Jan 2019WP(C)/1745/2019

Case brief

AI extract

What is this about?

Petitioner sought removal of garden land from paddy land data bank and permission for other use. Court directed 3rd respondent to dispose of application within three months. Upon receiving an enabling order, 2nd respondent is directed to dispose of its application within three months, insisting on a Section 27A application if required.

What did the court decide?

Directive to 3rd respondent to finalize application within three months; directive to 2nd respondent to consider application within three months after receiving enabling order, insisting on Section 27

Ibrahim Moidu Hassan Vs the 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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MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

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WP(C).No. 1745 of 2019

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PETITIONER/S:

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IBRAHIM MOIDU HASSAN

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AGED 59 YEARS, S/O. MOIDU, PUTHIYAPURAYIL HOUSE, MANGAD P.O, KALLIASSERY-670 562, KANNUR DISTRICT.

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BY ADV. SRI.CIBI THOMAS

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR KANNUR-670 003

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2 THE REVENUE DIVISIONAL OFFICER THALASSERY -670 101

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3 THE LOCAL LEVEL MONITORING COMMITTEE KALLIASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER, (THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KALLIASSERY, KANNUR DISTRICT-670 561).

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4 THE VILLAGE OFFICER KALLIASSERY VILLAGE, KANNUR-670 561

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5 THE TAHSILDAR KANNUR TALUK-670 003

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6 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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R1 TO R5 SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1745 of 2019

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JUDGMENT

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Petitioner is the owner of an extent of 0.0162

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Ares of property situate in Re.Sy.No. 105/1 of Kalliassery Village, Kannur Taluk, Kannur district. Case of the petitioner is that even though the property is remaining as a garden land, it is included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and remaining in the Village Records and Basic Tax Register as paddy field. Thereupon, petitioner has now submitted Ext.P3 application before the 3^rd respondent and Ext.P4 application before the 2^nd respondent respectively, seeking removal of the property from the data bank and seeking permission for utilization of the property for other purposes other than paddy cultivation and agricultural operation. Petitioner seeks direction for early disposal of the aforesaid applications.

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WP(C).No. 1745 of 2019

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Having heard learned counsel for the

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petitioner and the learned Government Pleader, there

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will be a direction to the 3^rd respondent to finalise Ext.P3 application in accordance with law

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and attain finality at the earliest and at any rate within three month from the date of receipt of a copy of this judgment. If the petitioner is producing an enabling order from the Local level Monitoring Committee as directed above, then Ext.P4

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application shall be considered by the 2^nd respondent in accordance with law, also taking note of the definition provided to un-notified land under the provisions of the Kerala Conservation of Paddy land and Wet land Act, 2008 and the 2^nd respondent will be at liberty to insist the petitioner to file an application in terms of Section 27A read along with the Rules provided for regulating Section 27A of the Act 2008, as amended by Act, 2018, and take a

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decision at the earliest possible time, and at any

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WP(C).No. 1745 of 2019

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rate, within three months from the date of receipt

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of the application in format from the petitioner.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 1745 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE JENM ASSIGNMENT DEED BY WHICH THE PETITIONER PURCHASED THE PROPERTY. EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.11.2018 IN RESPECT OF PROPERTY OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 7.1.2019 EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 7.1.2019

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RESPONDENT'S EXHIBIT NIL

Ibrahim Moidu Hassan v. the District Collector

Case brief

What is this about?

What did the court decide?

Ibrahim Moidu Hassan 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

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