Dismissed

Alphonsa v. the District Collector, Ernakulam

Kerala HC22 Jan 2019WP(C)/1792/2019

Case brief

AI extract

What is this about?

The High Court of Kerala directed the 2nd respondent to consider the petitioner's application under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act for changing land use and attain finality within three months.

What did the court decide?

Direction to the 2nd respondent to consider Ext.P3 application under Section 27A and attain finality within three months.

Alphonsa Vs the District Collector, Ernakulam — 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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TUESDAY, THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940

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WP(C).No. 1792 of 2019

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PETITIONER/S:

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ALPHONSA, AGED 47 YEARS, W/O. VARGHESE, PUTHUSSERY HOUSE, KARINGATHURUTH, ALANGAD P. O., ERNAKULAM

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BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, ERNAKULAM - 682 031

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2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI - 680 002

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R1 & R2 BY SRI.P.M.MANOJ, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1792 of 2019 2

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JUDGMENT

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Petitioner is the owner of an extent of 6.19

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Ares of property situate in Sy.No. 63/4B/1 of

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Alangad village, Paravur Taluk, Ernakulam district. Case of the petitioner is that, though the property is remaining as a dry land and not included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, it is remaining in the Village Records and Basic Tax Register as paddy field. Thereupon, petitioner has submitted Ext.P3 application before the 2^nd respondent, under Section 27A of Act, 2008, as amended by Act, 2018, 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 application.

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Having heard learned counsel for the

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petitioner and learned Senior Government Pleader, there will be a direction to the 2^nd respondent to consider Ext.P3 application in accordance with law and attain finality at the earliest, and at any rate, within three months from the date of receipt

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WP(C).No. 1792 of 2019 3

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of a copy of this judgment, taking into account, the parameters and stipulations contained under Section 27A of the Act, 2008, as amended by Act, 2018. Petitioner is directed to produce a copy of the 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.

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Sd/-

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uu 22.01.2019

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WP(C).No. 1792 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED NO.2616/2016 OF SRO ALANGAD

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EXHIBIT P2 A TRUE COPY OF THE ORDER REJECTING THE APPLICATION FOR BUILDING PERMIT ISSUED BY THE SECRETARY, ALANGAD GRAMA PANCHAYATH

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EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT FOR CHANGING THE NATURE OF THE PROPERTY OF THE PETITIONER

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EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT ACKNOWLEDGING EXT.P3 APPLICATION

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Alphonsa v. the District Collector, Ernakulam

Case brief

What is this about?

What did the court decide?

Alphonsa v. the District Collector, Ernakulam

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

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