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Vijayakumar Das, v. the District Collector

Kerala HC22 Dec 2020WP(C)/28346/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, dealing with a writ petition challenging an order under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008, directed the District Collector to dispose of the related appeal filed under Section 27B within two months. Pending the appeal's disposal, proceedings under the earlier order were deferred, and the petitioner was restrained from altering the

What did the court decide?

Directed the first respondent to pass orders on Ext.P7 appeal within two months; deferred further proceedings under Ext.P6 order; restrained petitioner from altering the lie of the property.

Vijayakumar Das, Vs the District Collector — 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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TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

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WP(C).No.28346 OF 2020(P)

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PETITIONER:

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VIJAYAKUMAR DAS, AGED 54 YEARS S/O.VELAYUDHAN, SREENILAYAM, PARLI, EDAKKARA, MALAPPURAM DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, MALAPPURAM - 676 505.

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2 THE REVENUE DIVISIONAL OFFICER PERINTHALMANNA TALUK, PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322.

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3 THE TAHSILDAR, NILAMBUR TALUK OFFICE NILAMBUR, MALAPPURAM DISTRICT - 679 322.

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4 THE VILLAGE OFFICER EDAKKARA VILLAGE OFFICE, EDAKKARA, MALAPPURAM DISTRICT - 679 331.

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5 THE AGRICULTURE OFFICER AGRICULTURE OFFICE, EDAKKARA,MALAPPURAM DISTRICT - 679 331.

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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 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28346 OF 2020(P)

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W.P.(C) No.28346 of 2020

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J U D G M E N T

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Challenging Ext.P6 order passed by the second respondent under Section 27A of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act), petitioner has preferred Ext.P7 appeal invoking Section 27B of the said statute. It is stated by the petitioner that Ext.P7 appeal is pending consideration before the first respondent. It is also stated that pending disposal of Ext.P7 appeal, steps are being taken by the respondents to enforce the direction in Ext.P6 order to include the property in the data bank prepared under the Act. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

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

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Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ peti tion directing the first respondent to pass orders on Ext.P7 appeal within two months from the date of receipt of a copy of this judgment. Ordered accordingly. Needless to say that until Ext.P7 appeal is disposed of as

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WP(C).No.28346 OF 2020(P)

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above, further proceedings pursuant to Ext.P6 order shall be deferred. The petitioner shall not alter the lie of the property till the disposal of

Ext.P7 appeal.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C).No.28346 OF 2020(P)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 14/05/2019 ISSUED	BASIC TAX RECEIPT DATED BY FOURTH RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE BY THE FOURTH RES	LOCATION SKETCH PREPARED PONDENT.
EXHIBIT P3	TRUE COPY OF THE 22/01/2020 ISSUED PANCHAYATH.	BUILDING PERMIT DATED BY THE EDAKKARA GRAMA
EXHIBIT P4	TRUE COPY OF THE 24/01/2020 SUBMIT	APPLICATION DATED TED BY THE PETITIONER.
EXHIBIT P4(A)	TRUE COPY OF THE 14/01/2020 ISSUED EDAKKARA.	CHALAN RECEIPT DATED BY THE SUB TREASURY,
EXHIBIT P5	TRUE COPY OF THE PREPARED BY FOURT	REPORT AND MAHAZAR H RESPONDENT DATED NIL.
EXHIBIT P6	TRUE COPY OF THE PASSED BY THE SEC	ORDER DATED 5/10/2020 OND RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE 27/10/2020 SUBMIT BEFORE THE FIRST	MEMORANDUM OF APPEAL DATED TED BY THE PETITIONER RESPONDENT.
EXHIBIT P7(A)	TRUE COPY OF THE 27/10/2020 ISSUED EDAKKARA.	CHALAN RECEIPT DATED BY THE SUB TREASURY,
EXHIBIT P8	TRUE COPY OF THE FOURTH RESPONDENT	APPEAL WITH ENDORSEMENT OF DATED 19/11/2020.
EXHIBIT P8(A)	TRUE COPY OF THE FIFTH RESPONDENT	APPEAL WITH ENDORSEMENT OF DATED 19/11/2020.
EXHIBIT P9	TRUE COPY OF THE	CERTIFICATE DATED
	14/01/2020 ISSUED	BY THE FOURTH RESPONDENT.

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//TRUE COPY// PA TO JUDGE

Vijayakumar Das, v. the District Collector

Case brief

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Vijayakumar Das, v. the District Collector

Case brief

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