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Shaji.K.Jacob, v. State of Kerala

Kerala HC23 Nov 2020WP(C)/17486/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Revenue Divisional Officer to dispose of the petitioner's application for removal of his property from the data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008, affording an opportunity of hearing within three months.

What did the court decide?

Directed the third respondent to dispose of the petitioner's application for removal of the property from the data bank within three months after an opportunity of hearing.

Shaji.K.Jacob, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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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 P.B.SURESH KUMAR

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MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942

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WP(C).No.17486 OF 2020(I)

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PETITIONER:

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SHAJI.K.JACOB, AGED 55 YEARS S/O.K.C.JACOB, VIZHALIL HOUSE, VALLAMKULAM EAST P.O., VALLAMKULAM EAST MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.P.HARIDAS SRI.P.C.SHIJIN

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, COLLECTORATE, PATHANAMTHITTA, PIN-689645.

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3 REVENUE DIVISIONAL OFFICER, THIRUVALLA, OFFICE OF THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PIN-689101.

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4 DISTRICT LEVEL AUTHORISED COMMITTEE (CONSTITUTED UNDER KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008), REPRESENTED BY ITS CONVENER AND PRINCIPAL AGRICULTURAL OFFICER, PATHANAMTHITTA, COLLECTORATE, PATHANAMTHITTA, PIN-689645.

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5 PRINCIPAL AGRICULTURAL OFFICER, PATHANAMTHITTA, OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER, COLLECTORATE, PATHANAMTHITTA, PIN-689645.

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6 LOCAL LEVEL MONITORING COMMITTEE (CONSTITUTED UNDER KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008), KADAPRA GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER AND AGRICULTURAL OFFICER, THIRUVALLA, PIN-689101.

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7 AGRICULTURAL OFFICER, OFFICE OF THE AGRICULTURAL OFFICER, ERAVIPEROOR, PIN-

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WP(C).No.17486 OF 2020(I)

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689101.

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8 LOCAL LEVEL MONITORING COMMITTEE, ERAVIPEROOR, PIN-689542.

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9 SECRETARY, ERAVIPEROOR GRAMA PANCHAYAT, OFFICE OF THE GRAMA PANCHAYAT, ERAVIPEROOR, PIN-689542.

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10 VILLAGE OFFICER, VILLAGE OFFICE, ERAVIPEROOR, PIN-689541.

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BY ADV.SRI.PAUL ABRAHAM VAKKANAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17486 OF 2020(I)

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W.P.(C) No.17486 of 2020

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J U D G M E N T

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Ext.P5 is an application preferred by the petitioner in Form No.5 of the Kerala Conservation of Paddy Land and Wetland Rules for removal of the property of the petitioner referred to in the writ petition from the data bank prepared in terms of the Kerala conservation of Paddy Land and Wetland Act, 2008. The grievance of the petitioner in the writ petition concerns the inaction on the part of the third respondent in taking a decision on Ext.P5 application.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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Having regard to the facts and circumstances of the case and the orders passed by this court in similar and identical writ petitions, I deem it appropriate to dispose of the writ petition directing the third respondent to take up and pass appropriate orders on Ext.P5 in accordance with law, if the same is received and pending, after affording the petitioner an opportunity of hearing. Ordered accordingly. This shall be done within three months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. If the application directed to be disposed of is found defective, the defect shall be intimated to the

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WP(C).No.17486 OF 2020(I)

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petitioner by the third respondent immediately on production of a copy of this judgment, and the third respondent will be entitled to avail the time taken by the petitioner to cure the defects in the said application also, for compliance of the directions contained in the judgment. It is made clear that the hearing in terms of this judgment can either be physical or through video conference.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C).No.17486 OF 2020(I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.05.2020 ISSUED FROM THE VILLAGE OFFICE, ERAVIPEROOR TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE OCCUPANCY CERTIFICATE OF THE PETITIONER NO.A2-1888/14 DATED 25.03.2014 ISSUED BY THE 9TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE SHOWING ISSUANCE OF DISPOSAL OF COMPENSATION DATED 03.07.2020 ISSUED BY THE VETERINARY SURGEON, OTHERA. EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH SHOWING THE ROAD. EXHIBIT P5 TRUE COPY OF THE APPLICATION BEFORE THE 3RD RESPONDENT DATED 10.08.2020 BY THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 10.08.2020 BEFORE THE 6TH RESPONDENT BY THE PETITIONER.

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//TRUE COPY// PA TO JUDGE

Shaji.K.Jacob, v. State of Kerala

Case brief

What is this about?

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Shaji.K.Jacob, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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