Disposed

Abdul Samad, v. State of Kerala

Kerala HC21 Feb 2019WP(C)/3161/2019

Case brief

AI extract

What is this about?

The court directed the petitioner to file an application under Section 5 of the Kerala Conservation of Paddy Land Wet Land Act, 2008 before the 2nd respondent for residential building construction. Liberty was granted to file an application under Section 27A for regularisation within a specified timeframe, with relevant orders to be produced for a final decision.

What did the court decide?

Liberty granted to file application under Section 27A within three months; petitioner directed to produce copies of writ petition and documents before statutory authorities.

Abdul Samad, Vs State of Kerala — 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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THURSDAY ,THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940

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WP(C).No. 3161 of 2019

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PETITIONER/S:

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ABDUL SAMAD, AGED 39 YEARS S/O. ABDUL RAHMAN, RESIDING AT SOUTH PAVADY HOUSE, KOLLANGODE P.O, PALAKKAD DISTRICT, PIN 678 506.

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BY ADV. SRI.K.K.RAJEEV

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 LLMC (LOCAL LEVEL MONITORING COMMITTEE) VADAVANNUR VILLAGE, VADAVANNUR PANCHAYATH, KOLLANGODE P.O, PALAKKAD DISTRICT, PIN 678 506.

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3 VILLAGE OFFICER, VADAVANNUR VILLAGE, KOLLANGODE P.O, PALAKKAD DISTRICT, PIN 678 506.

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4 THE REVENUE DIVISIONAL OFFICER, PALAKKAD 678 501.

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SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3161 of 2019

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JUDGMENT

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Petitioner is the owner of an extent of 0.1598 hectors of property situate in Re.Survey Nos.75/4 of Vadavannoor Village, Palakkad District. The case of the petitioner is that, though the property is remaining as a garden land, it is included in the data bank constituted as per the Kerala Conservation of Paddy Land Wet Land Act, 2008 (hereinafter referred to as 'Act 2008 for short) and also remaining in the village records and BTR as paddy field. Thereupon, now petitioner has submitted Ext.P2 application apparently under Section 5 of Act 2008, before the 2^nd respondent, seeking construction of the residential building and Ext.P5 (1) application before the 4^th respondent seeking regularisation and permission for utilisation of the property for other purposes other than paddy cultivation and agricultural operations and seeks appropriate directions.

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I have heard learned Counsel for the petitioner and the learned Senior Government Pleader and perused the pleadings and documents on record.

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Learned Government Pleader pointed out that, petitioner has submitted Ext.P2 application under Section 5 of Act 2008 seeking permission for construction of a residential building. If that be so, Ext.P5 (1) application submitted before the Revenue Divisional Officer cannot be sustained under law. At that point of time learned Counsel for the petitioner submitted that, proper and suitable application will be filed before the respective statutory authorities and a direction may be issued to finalise the

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WP(C).No. 3161 of 2019

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proceedings, within a time frame fixed by this Court, after receipt of the application. Therefore, liberty of the petitioner is left open to file suitable application before the 2^nd respondent, within three weeks from the date of receipt of a copy of this judgment, which if received shall be finalised, at the earliest and at any rate, within three months from the date of receipt of a copy of this judgment. If the petitioner is producing enabling orders as directed above, along with an application under Section 27A of Act 2008 r/w Rules 2018, for regularisation and utilisation of the property for other purposes other than paddy cultivation and agricultrual operations, a finality shall be attained to the same, at the earliest and at any rate within three months from the date of receipt of the application, applying the parameters and stipulations contained under Section 27A of Act, 2008 as amended by Act, 2018, since the application is dated 13.12.2018 ie. after the appointed date 30.12.2017, on which date the amended Act of 2008 came into force, and the petitioner has a case that the property is remaining in an irreversible condition as a paddy field. Petitioner is directed to produce copy of the writ petition along with the appendant documents before the statutory authority for appropriate action.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 3161 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 SALE DEED REGISTERED AS DOCUMENT NO.1414/2015 OF SRO KOLLANGODE.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR CORRECTION ALONG THE REQUEST IN THE REQUIRED FORMAT BEFORE THE 2ND RESPONDENT ON 15/12/2018 VADAVANNUR VILLAGE. EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE BTR OF VADAVANNUR VILLAGE OFFICE, CHITTOR TALUK. EXHIBIT P5 TRUE COPY OF APPLICATION FOR PERMISSION U/S6(2) OF KERALA AND UTILIZATION ORDER 1967 BEFORE THE 4TH RESPONDENT.

Abdul Samad, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Samad, v. State of Kerala

Case brief

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What did the court decide?

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