Disposed

Herold v. the District Collector, Collectorate, Civil Station, Kakkanad

Kerala HC16 Dec 2020WP(C)/24339/2020

Case brief

AI extract

What is this about?

The Court directed the second respondent to take up and pass appropriate orders on the petitioner's application (Ext.P5) for removal of property from the data bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008, by granting an opportunity of hearing.

What did the court decide?

Directions to the second respondent to consider the petitioner's application and pass appropriate orders after a hearing within three months.

Herold Vs the District Collector, Collectorate, Civil… — 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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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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WP(C).No.24339 OF 2020(N)

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PETITIONER:

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HEROLD,AGED 47 YEARS S/O. JOSEPH, RESIDING AT VELIVIL HOUSE, NJALAKAM, NORTH KALAMASSERY P.O, ERNAKULAM 683104

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BY ADVS. SMT.PARVATHY S.KRISHNAN SHRI.MITHUN P.

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD COLELCTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM PIN 682 030

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2 REVENUE DIVISIONAL OFFICER, REVENUE OFFICE, FORT KOCHI, ERNAKULAM, PIN 682 001

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3 TAHASILDAR, ALUVA TALUK OFFICE, ALUVA, ERNAKULAM PIN 683101

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4 VILLAGE OFFICER, NEDUMBASSERY VILLAGE OFFICE, NEDUMBASSERY, ERNAKULAM, PIN 683585

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W.P.(C) No.24339 of 2020

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5 AGRICULTURAL OFFICER KRISHI BHAVAN, NEDUMBASSERY, ALUVA, ERNAKULAM, PIN 683585

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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 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.24339 of 2020

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W.P.(C) No.24339 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 second respondent in taking a decision on Ext.P5 application.

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

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3 . 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 second 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

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W.P.(C) No.24339 of 2020

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the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. It is made clear that the hearing in terms of this judgment can either be physical or through

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video conference.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPTS ISSUED IN THE NAME OF THE PETITIONER BY THE 4TH RESPONDENT DATED 21-06-2020 EXHIBIT P2 THE TRUE COPY OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT DATED 09-10-2014 EXHIBIT P3 TRUE COPY OF THE REPORT ISSUED BY THE 3RD RESPONDENT DATED 05-03-2014 EXHIBIT P4 TRUE COPY OF THE REPORT ISSUED BY THE 3RD RESPONDENT DATED 18-02-2014 EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 15-10-2020

Herold v. the District Collector, Collectorate, Civil Station, Kakkanad

Case brief

What is this about?

What did the court decide?

Herold v. the District Collector, Collectorate, Civil Station, Kakkanad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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