Remanded

P.v.Moidu v. State of Kerala

Kerala HC22 Dec 2020WP(C)/28881/2020

Case brief

AI extract

What is this about?

The Single Judge disposed of a writ petition concerning inaction by the Revenue Divisional Officer on an application to remove property from the Kerala Conservation of Paddy Land and Wetland Act data bank. The court directed the third respondent to consider and decide the application within three months, affording the petitioner an opportunity of hearing and allowing time to cure defects if any.

What did the court decide?

Directing the third respondent to take up and pass appropriate orders on the pending application (Ext.P6) within three months of production of the judgment copy after affording the petitioner an oppor

P.v.Moidu 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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TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

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WP(C).No.28881 OF 2020(I)

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PETITIONER:

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MR.P.V.MOIDU AGED 63 YEARS

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MANAGING DIRECTOR, FW REALTORS AND DEVELOPERS PVT.LTD., REGISTERED OFFICE AT EDAYOOR NORTH P.O., THIRUR TALUK, MALAPPURAM DISTRICT-676 551, RESIDING AT PANDARAVALAPPIL HOUSE, EDAYOOR VILLAGE, THIROOR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.ANOOP.V.NAIR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE DISTRICT, PIN-673 020.

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, KOZHIKODE DISTRICT, PIN-673 020.

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4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KOZHIKODE, PIN-673 004.

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BY ADV.SRI.K.J.MANURAJ, 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.28881 OF 2020(I)

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W.P.(C) No.28881 of 2020

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J U D G M E N T

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Ext.P6 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.P6 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 third respondent to take up and pass appropriate orders on Ext.P6 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

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WP(C).No.28881 OF 2020(I)

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petition by the petitioner. If the application directed to be disposed of is found defective, the defect shall be intimated to the 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.28881 OF 2020(I)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF TAX RECEIPT IN RESPECT OF THE PROPERTY OWNED AND POSSESSED BY THE PETITIONER.
EXHIBIT	P2 TRUE COPY OF POSSESSION CERTIFICATE ISSUED TO THE PETITIONER IN RESPECT OF THE PROPERTY OF THE PETITIONER.
EXHIBIT	P3 TRUE COPY OF SKETCH WHICH SHOWS THE LIE AND NATURE OF THE PROPERTY OWNED AND POSSESSED BY THE PETITIONER.
EXHIBIT	P4 TRUE COPY OF RELEVANT PAGES OF THE PLAN SHOWING THE NATURE OF THE SHOPPING MALL.
EXHIBIT	P5 TRUE COPY OF REPORT OF THE AGRICULTURAL OFFICER ISSUED TO THE PETITIONER DATED 21.10.2020.
EXHIBIT	P6 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 5 KERALA PADDY LAND AND WET LAND RULES, 2008 ALONG WITH THE COVERING LETTER.

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//TRUE COPY// PA TO JUDGE

P.v.Moidu v. State of Kerala

Case brief

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P.v.Moidu v. State of Kerala

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