Disposed

M.S.Kunju Muhammed v. the Secretary

Kerala HC21 Jan 2019WP(C)/1753/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking early consideration of an application for converting paddy land for other uses. The petitioner was directed to submit an application in the proper form within three weeks, ensuring disposal within three months.

What did the court decide?

Directed the petitioner to submit an application in the proper form within three weeks, with the respondent to consider it within three months.

M.S.Kunju Muhammed Vs the Secretary — Pension and Retirement Benefits | 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 21ST DAY OF JANUARY 2019 / 1ST MAGHA, 1940

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WP(C).No. 1753 of 2019

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PETITIONER:

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M.S.KUNJU MUHAMMED AGED 62 YEARS S/O. SAIDALI HAJI, MOOKKADA HOUSE, PERUMBAVOOR VILLAGE, PERUMABOOR KARA, RAYONPURAM P.O, KUNNATHUNADU TALUK.

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BY ADVS. SRI.SIRAJ KAROLY SHRI.JAVED HAIDER SRI.C.K.PREM RAJ

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RESPONDENTS:

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1 THE SECRETARY PERUMBAVOOR MUNCIPALITY, MUNCIPAL OFFICE, PERUMBAVOOR, PIN-683 542

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2 THE ASSISTANT ENGINEER PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE, PERUMBAVOOR -683 542

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3 PERUMBAVOOR MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PERUMBAVOOR, PIN-683 542

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4 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, PIN-686 661

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5 THE VILLAGE OFFICER, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK, PERUMBAOOR-683 542

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6 THE AGRICULTURAL OFFICER PERUMBAVOOR, KRISHI BHAVAN, PERUMBAVOOR-683542. (CONVENER, LL.MC UNDER PADDY AND WETLAND ACT 2008)

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WP(C).No. 1753 of 2019

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7 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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R4 TO R7 - SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1753 of 2019

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JUDGMENT

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Petitioner is the owner of an extent of 12.02 ares of

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property situated in Sy.Nos.1/2, 7/4, 8/4, 69/2, 70/3 and

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76/1-2 in Block No.37 of Perumbavoor Village. According to the petitioner, though the property is remaining as a

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garden land and included in the data bank as 'converted land', it is still remaining in the revenue records and

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the BTR as 'paddy field'. Thereupon, now petitioner has submitted Ext.P7 application before the 4^th respondent seeking permission for utilization of the property for

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other purposes other than paddy cultivation and

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agricultural operations. The sole relief sought for is early consideration of Ext.P7.

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I heard learned counsel for the petitioner and

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the learned Government Pleader, and perused the pleadings and the documents on record.

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Learned Government Pleader pointed out that,

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consequent to the introduction of Rules to regulate Section 27 A of the Kerala Conservation of Paddy Land and Wet

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Land Act, 2008 Act, 2008 (for short, the Act, 2008) as

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amended by Act, 2018, petitioner will have to submit an application in the proper form.

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This writ petition is disposed of, directing the

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WP(C).No. 1753 of 2019 4

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petitioner to submit an application in the proper form,

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within three weeks from the date of receipt of a copy of this judgment, and if received, the same shall be considered by the 4^th respondent in accordance with law along with Ext.P7, and attain finality at the earliest, and at any rate, within three months from the date of receipt of a copy of this judgment, applying the stipulations and parameters contained under section 27 A of Act, 2008. Petitioner is directed to produce a copy of this writ petition along with the documents before the 4^th respondent for appropriate action.

Sd/-

SHAJI P.CHALY

JUDGE

ska 22.1.19

WP(C).No. 1753 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE OF 2018 OF SRO, 27.3.2018	SETTLEMENT DEED NO. 1443 PERUMBAVOOR, DATED
EXHIBIT P2	TRUE COPY OF THE DATED 22.10.2018 OFFICE, PERUMBAV	POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OOR.
EXHIBIT P3	TRUE COPY OF THE LIE OF THE PROPE	PHOTOGRAPHS SHOWING THE RTY AND ITS SURROUNDINGS.
EXHIBIT P4	TRUE COPY OF THE THE BUILDING DAT	BUILDING TAX RECEIPTS OF ED 29.11.2018
EXHIBIT P5	TRUE COPY OF THE BUILDING PERMIT.	APPLICATION SUBMITTED FOR
EXHIBIT P6	TRUE COPY OF THE RESPONDENT IN FA DATED 21.12.2018	NOTICE ISSUED BY THE 2ND VOUR OF THE PETITIONER
EXHIBIT P7	TRUE COPY OF THE THE PETITIONER B DATED 28.12.2018	APPLICATION SUBMITTED BY EFORE THE 4TH RESPONDENT .
EXHIBIT P8	TRUE COPY OF THE 5TH RESPONDENT B	REPORT SUBMITTED BY THE EFORE THE 4TH RESPONDENT.

M.S.Kunju Muhammed v. the Secretary

Case brief

What is this about?

What did the court decide?

M.S.Kunju Muhammed v. the Secretary

Case brief

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