Disposed

Ouseph Varghese, v. the Kothamangalam Municipality

Kerala HC18 Feb 2019WP(C)/4723/2019

Case brief

AI extract

What is this about?

In a writ petition, the Kerala High Court directed the Revenue Divisional Officer to finalize the petitioner's application for regularization of converted agricultural land under Section 27A of the Kerala Conservation of Paddy land and Wet land Act, 2008, within three months and verify its status in the relevant data bank.

What did the court decide?

Direction to finalize the application within three months and verify data bank inclusion; petitioner to produce copies for appropriate action.

Ouseph Varghese, Vs the Kothamangalam Municipality — 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 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940

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WP(C).No. 4723 of 2019

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PETITIONER/S:

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OUSEPH VARGHESE, AGED 79 YEARS S/O. VARGHESE, RESIDING AT KOLENCHERIL HOUSE, THANKALAM, KOTHAMANGALAM.

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BY ADVS. SRI.GEORGE SEBASTIAN SRI.RAJESH RAJAN

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RESPONDENT/S:

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1 THE KOTHAMANGALAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTHAMANGALAM, ERNAKULAM DISTRICT-686666.

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2 THE SECRETARY,

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KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM-686666.

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3 THE REVENUE DIVISIONAL OFFICER, KOTHAMANGALAM-686666.

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4 THE LOCAL LEVEL MONITORING COMMITTEE OF KOTHAMANGALAM MUNICIPALITY, (CONSTITUTED UNDER ACT 28 OF 2008),REPRESENTED BY ITS CONVENOR - THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KOTHAMANGALAM-686666.

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5 THE VILLAGE OFFICER, THRIKKARIYUR VILLAGE OFFICE, THRIKKARIYUR, KOTHAMANGALAM-686666.

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R3 TO R5 SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER R1 & R2 SRI.PEEYUS.A.KOTTAM,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4723 of 2019 2

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JUDGMENT

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Petitioner, owner of an extent of 42.89 cents from and out of a larger extent of property situated in Sy.Nos. 377/7-2 and 377/8-2 of Thrikkariyur Village, has submitted Ext.P3 application under Section 27A of the kerala Conservation of Paddy land and Wet land Act, 2008 (herein after referred to as

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the Act, 2008) as amended by Act 2018, seeking regularization and permission for utilization of the property for other purposes other than paddy cultivation and agricultural operations, seeks direction for early disposal of the same. According to the petitioner, as per Ext.P5 proforma issued by the Local Level Monitoring Committee, the property

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was converted prior to the introduction of Act, 2008.

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Having heard learned counsel for the

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petitioner and the learned senior Government Pleader, there will be a direction to the 3^rd

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WP(C).No. 4723 of 2019 3

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respondent to finalise Ext.P3 application in accordance with law, and attain finality at the

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earliest, and at any rate, within three months from the date of receipt of a copy of this judgment, also

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verifying as to whether the property is included in

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the data bank constituted as per the provisions of

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the Act, 2008. Petitioner is directed to produce

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copy of the writ petition along documents before the statutory authority for appropriate action.

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Needless to say, if the petitioner is

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producing necessary orders as directed above, the building permit application submitted by the

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petitioner shall be considered by the 2^nd respondent in accordance with law, also taking into account, orders if any produced as directed above.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 4723 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE DATED OF THE	COPY OF THE BASIC TAX RECEIPT 02.02.2019 ISSUED FROM THE OFFICE 5TH RESPONDENT.
EXHIBIT P2	A TRUE ISSUED	COPY OF THE REPLY DATED 3.10.2018 BY THE 2ND RESPONDENT.
EXHIBIT P3	A TRUE 31.01. BEFORE	COPY OF THE APPLICATION DATED 2019 SUBMITTED BY THE PETITIONER THE 3RD RESPONDENT.
EXHIBIT P4	A TRUE 31.01.	COPY OF THE CASH RECEIPT DATED 2019.
EXHIBIT P5	A TRUE PROFOR 4TH RE	COPY OF THE REPORT ALONG WITH MA GIVEN BY THE CONVENOR OF THE SPONDENT DATED 01.02.2019.

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RESPONDENT'S EXHIBIT NIL

Ouseph Varghese, v. the Kothamangalam Municipality

Case brief

What is this about?

What did the court decide?

Ouseph Varghese, v. the Kothamangalam Municipality

Case brief

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