Disposed

Khusbu v. State of Kerala

Kerala HC4 Dec 2020WP(C)/1915/2019

Case brief

AI extract

What is this about?

Court directed the Local Level Monitoring Committee under the Kerala Conservation of Paddy Land and Wetland Act, 2008 to consider a petitioner's application for correcting the land tile description in the draft data bank, after obtaining a report from KSREC regarding the property's status at the Act's commencement.

What did the court decide?

Direction to the fifth respondent (Convener of the Local Level Monitoring Committee) to consider the petitioner's application for correction of the data bank entry after obtaining a report from KSREC.

Khusbu Vs State of Kerala — Land Acquisition | 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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FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942

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WP(C).No.1915 OF 2019(L)

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PETITIONER:

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KHUSBU, AGED 26 YEARS W/O. MAHENDRAN, VISHNU BHAVAN, MUNDIKKAL THAAZHAM, KOTTAAMPARAMBU P.O, KOZHIKODE-673 008

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BY ADVS. SRI.B.ANANTHU SRI.E.T.JITHEENDRAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001

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2 REVENUE DIVISIONAL OFFICER KOZHIKODE DIVISION, KOZHIKODE-673 001

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3 SECRETARY KUNNAMANGALAM GRAMA PANCHAYAT, KUNDAMANGALAM P.O, KOZHIKODE-673 571

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4 VILLAGE OFFICER KUNNAMANGALAM VILLAGE OFFICE, KARANTHOOR P.O, KUNNAMANGALAM, KOZHIKODE-673 571

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5 CONVENOR LOCAL LEVEL MONITORING COMMITTEE, AGRICULTURAL OFFICER, KRISHI BHAVAN, KUNNAMANGALAM, KOZHIKODE-673 571

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OTHER PRESENT:

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GP.K.J. MANURAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.1915 of 2019

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: 2 :

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W.P.(C).No.1915 of 2019

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J U D G M E N T

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Petitioner owns an item of property. It is stated that the

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said property was originally a paddy land and the same was converted as a dry/garden land several years prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act'). The grievance of the petitioner in the writ petition is that since the property is described as 'Nilam' in the revenue records as also in the draft data bank prepared in accordance with the provisions contained in the Act, she is unable to use the property for other purposes. According to the petitioner, since the property was converted long prior to the Act, the same should not have been shown in the data bank as 'Nilam'. The petitioner, therefore , preferred Ext.P7 application for correction of the entry relating to that property in the data bank. The grievance of the petitioner in the writ petition concerns the inaction on the part of the fifth respondent, the Local Level Monitoring Committee constituted under the Act in considering the request made by the petitioner in Ext.P7 application.

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

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W.P.(C).No.1915 of 2019

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: 3 :

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3. In the light of the decision of this court in Adani Infrastructure and Developers Pvt. Ltd. v. State of Kerala,

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2014 (1) KLT 774, in which it was held that the Local Level Monitoring Committee constituted under the Act can look into the ground realities and make appropriate corrections in the data bank at any time, there cannot be any impediment in directing the Local Level Monitoring Committee to consider the request of the petitioner for correction of the data bank. It is all the more so since the data bank is a draft one and the petitioner has applied for correction of the entry in the data bank in the form prescribed for submitting the application for correction of entry in the notified data bank with all necessary details.

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In the circumstances, I deem it appropriate to dispose of the writ petition, directing the firth respondent to consider Ext.P7 application preferred by the petitioner, after obtaining report from the Kerala State Remote Sensing and Environment Centre (KSREC) as to the position of the property of the petitioner at the time of commencement of the Act. Ordered accordingly. The petitioner shal l pay the fees stipulated by the KSREC for issuing their report, as and when directed so by the Convener of the Local Level Monitoring Committee. The direction aforesaid shall be complied with, within three months from the date of receipt of a copy of this judgment. If Ext.P7 application is found defective , the defect shall

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W.P.(C).No.1915 of 2019

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: 4 :

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be intimated to the petitioner by the fifth respondent immediately on production of a copy of this judgment, and the fifth respondent will be entitled to avail the time taken by the petitioner to cure the defects in the application also, for compliance of the directions contained in this judgment.

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Sd/-

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P.B.SURESH KUMAR JUDGE

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ds 04.12.2020

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W.P.(C).No.1915 of 2019

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: 5 :

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF 10/08/2016	SALE	DEED DATED
EXHIBIT P2	TRUE COPY OF DATED 12/06/	THE 2012	BUILDING PERMIT
EXHIBIT P3	TRUE COPY OF 25/06/2018	THE	ORDER DATED
EXHIBIT P4	TRUE COPY OF 14/09/2018	THE	REPRESENTATION DATED
EXHIBIT P5	TRUE COPY OF APPLICATION	THE DATED	RIGHT TO INFORMATION 15/10/2018.
EXHIBIT P6	TRUE COPY OF DATED 24/10/	THE 2018	REPLY TO EXHIBIT P5
EXHIBIT P7	TRUE COPY OF 31.01.2019	APPL	ICATION DATED
EXHIBIT P8	TRUE COPY OF 13.03.2019	RTI	APPLICATION DATED
EXHIBIT P9	TRUE COPY OF 04.04.2019	RTI	REPLY DATED

Khusbu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Khusbu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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