Disposed

Aboobacker v. the Revenue Divisional Officer

Kerala HC18 Feb 2019WP(C)/4775/2019

Case brief

AI extract

What is this about?

The court directed the 2nd respondent to accept the petitioner's P2 application within three weeks and attain finality within three months, allowing a subsequent application under Section 27A of the Kerala Conservation of Paddy land and Wet land Act to be considered along with the P3 application.

What did the court decide?

Direction to the 2nd respondent to accept Ext.P2 within three weeks and attain finality within three months.

Aboobacker Vs the Revenue Divisional Officer — Property and Title | 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. 4775 of 2019

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PETITIONER/S:

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ABOOBACKER AGED 45 YEARS S/O.KUNHIPOCKER, CHUNDAKKADAN, MORAYOOR, MALAPPURAM DISTRICT

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BY ADV. SRI.K.RAKESH

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RESPONDENT/S:

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1 THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT,PIN-676 101

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2 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,KRISHI BHAVAN, MORAYOOR, MALAPPURAM DISTRICT

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R1 & R2 SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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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. 4775 of 2019

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JUDGMENT

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Petitioner is the co-owner of an extent of 15.56 cents of property situate in Sy.No. 306/3 of Morayoor Village. According to the petitioner, though the property is remaining as a garden land, it is included in the data bank constituted as per the provision of the Kerala Conservation of Paddy land and Wet land Act, 2008 (herein after referred to as the Act, 2008), and remaining in the Village Records and the Basic Tax Register as paddy field.

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Even though, petitioner has offered Ext.P2 application before the 2^nd respondent, it was not accepted on the ground of delay. Petitioner has

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submitted Ext.P3 application before the 1^st

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respondent apparently under Section 27A of the Act

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2008, as amended by Act 2018, seeking regularization

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and permission for utilization of the property for

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other purposes other than paddy cultivation and

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WP(C).No. 4775 of 2019

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agricultural operations, seeks appropriate

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directions.

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Having heard learned counsel for the

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petitioner and the learned Government Pleader, there will be a direction to the 2^nd respondent to accept Ext.P2, if offered within three weeks and attain finality to the same, at the earliest possible, and at any rate, within three months from the date of acceptance of the application from the petitioner. If the petitioner is producing necessary enabling orders as directed above, an application in the statutory format as per Rules, 2018, shall be accepted from the petitioner and consider the same

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along with Ext.P3 and attain finality at the earliest, and at any rate, within three months from the date of submission of the application in the

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format applying the principles and stipulations

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contained under Section 27A of the Act 2008 as

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amended by Act, 2018. Petitioner is directed to

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produce copy of the writ petition along with

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documents before the statutory authority for

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4 WP(C).No. 4775 of 2019

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appropriate action.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

Hmh

WP(C).No. 4775 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 RELEVANT PAGE OF THE DATA BANK PUBLISHED IN MORAYOOR VILLAGE EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER & OTHERS BEFORE THE SECOND RESPONDENT DAT.17.12.18 EXHIBIT P2 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT EVIDENCING THE DESPATCH OF EXHIBIT P2 TO THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONER AND OTHERS DATED, 3.2.2019 ALONG WITH ITS POSTAL RECEIPT EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

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RESPONDENT'S EXHIBIT NIL

Aboobacker v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Aboobacker v. the Revenue Divisional Officer

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

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