Disposed

Prabhu, v. the Local Level Monitoring Committee for the Pirayiri Panchayat

Kerala HC6 Feb 2019WP(C)/3516/2019

Case brief

AI extract

What is this about?

Petitioner sought removal of property from the Kerala Conservation of Paddy land and wet land Act data bank and regularization for other uses. Court directed respondents to consider applications within three months based on Section 27A of the Act, 2008.

What did the court decide?

Petitioner directed to produce writ petition before statutory authority; Respondents directed to consider applications within three months.

Prabhu, Vs the Local Level Monitoring Committee for the… — 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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WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940

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WP(C).No. 3516 of 2019

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PETITIONER/S:

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PRABHU, AGED 34 YEARS S/O. ARUCHAMI, PRASAD NIVAS, PUTHANPURA, ERUPPAKKAD, PIRAYIRI PANCHAYAT, PALAKKAD, PIN - 678 004.

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BY ADVS. SRI.JACOB SEBASTIAN SRI.K.V.WINSTON

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RESPONDENT/S:

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1 THE LOCAL LEVEL MONITORING COMMITTEE FOR THE PIRAYIRI PANCHAYAT CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND WETLAND ACT REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER, PIRIYARI PANCHAYAT, PALAKKAD, PIN - 678 004.

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2 THE REVENUE DIVISIONAL OFFICER, PALAKKAD, PIN - 678 001.

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

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3516 of 2019 2

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JUDGMENT

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Petitioner is the owner of 0.0170 hectors of

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property situate in old survey numbers 149/11 and

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147/12 of Pirayiri Village, Palakkad Taluk. According to the petitioner, 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 also remaining in the Village Records and the Basic Tax Register as paddy field. Thereupon now, petitioner has submitted Exts.P2 and P3 applications before the 1^st and 2^nd respondents respectively, seeking removal of the property from the data bank and also for regularisation and permission for utilization of the property for other purposes other than paddy cultivation and

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agricultural operations, seeks direction for early consideration of the application.

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I have heard learned counsel for the

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petitioner and the learned senior Government Pleader

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WP(C).No. 3516 of 2019 3

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and perused the pleadings and documents on record.

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Learned senior Government Pleader pointed out that,

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Ext.P3 application submitted by the petitioner before the 2^nd respondent is not in the format prescribed under Rules, 2018, since Rules 2018 is brought into force to regulate the proceedings under Section 27A of the Act, 2008 as amended by Act, 2018, so also it is submitted that, since the

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application is dated 22.01.2019 and the petitioner has a case that the property is remaining in an irreversible condition as a paddy field and the same was converted prior to the introduction of Act, 2008, the issue is to be considered by the 2^nd respondent applying the principles and stipulations contained under Section 27A of the Act, 2008. I find force in the said contention therefore, this writ petition is disposed of, directing the 1^st respondent to finalise Ext.P2 application at the earliest possible and at any rate, within three months from the date of receipt of a copy of this judgment, if any enabling orders are produced along

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WP(C).No. 3516 of 2019 4

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with the application in the statutory format, it shall be considered along with Ext.P3 and attain finality at the earliest possible, and at any rate, within three months from the date of production of the order along with the application in the format, also applying the principles and stipulations contained under Section 27A of the Act, 2008. Petitioner is directed to produce copy of the writ petition along with documents before the statutory authority for appropriate action.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 3516 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE PIRAYIRI VILLAGE OFFICE DATED 06.02.2017 OF THE LAND. EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 22.01.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT SEEKING TO REMOVE THE PROPERTY FROM THE LAND DATA BANK. EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 22.01.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER CLAUSE 6(2) OF THE KERALA LAND UTILIZATION ORDER, 1967. RESPONDENT'S EXHIBITS NIL

Prabhu, v. the Local Level Monitoring Committee for the Pirayiri Panchayat

Case brief

What is this about?

What did the court decide?

Prabhu, v. the Local Level Monitoring Committee for the Pirayiri Panchayat

Case brief

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What did the court decide?

What the court decided

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