Disposed

Mammed Haji v. the District Collector

Kerala HC22 Dec 2020WP(C)/28959/2020

Case brief

AI extract

What is this about?

This writ petition challenges the inaction of the Revenue Divisional Officer regarding a correction application filed under Form No.5 of the Kerala Conservation of Paddy Land and Wetland Rules. The court directed the second respondent to examine and pass orders on the pending application within three months after affording the petitioner an opportunity of hearing.

What did the court decide?

Direction to the second respondent to examine the correction application and pass orders within three months after affording the petitioner an opportunity of hearing.

Mammed Haji 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.28959 OF 2020(T)

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PETITIONER/S:

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MAMMED HAJI, AGED 66 YEARS, S/O.MOYTHEEN, AYOTH HOUSE, KULATHUR POST, ATHOLY, KOZHIKODE-673315.

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BY ADVS. SRI.RAMESH .P SRI.K.JAYASANKAR (KAPRASSERY)

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, CIVIL STATION, ERANCHIPPALAM, KOZHIKODE-673020.

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2 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, JUMA MASJID, SH 29, ERANCHIPPALAM, KOZHIKODE-673020.

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3 THE TAHASILDAR, CIVIL STATION, ERANCHIPPALAM, KOZHIKODE-673020.

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4 THE VILLAGE OFFICER, VILLAGE OFFICE, NANMINDA, BALUSSERY POST, KOZHIKODE-673613.

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5 LOCAL LEVEL MONITORING COMMITTEE, NANMINDA GRAMA PANCHAYATH (REPRESENTED BY THE CONVENER) AGRICULTURAL OFFICER, KRISHI BHAVAN, NANMINDA, BALUSSERY POST, KOZHIKODE-673613.

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SRI.K.J MANURAJ, GOVERNMENT PLEADER

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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.28959 OF 2020

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W.P.(C) No.28959 of 2020

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J U D G M E N T

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Ext.P2 is an application preferred by the petitioner in Form No.5 of the Kerala Conservation of Paddy Land and Wetland Rules for correction of the entry in relation to a property held by him, in 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.P2 application.

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

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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.P2 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 petitioner by the second respondent immediately on production of a copy of this judgment, and the second respondent will be

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WP(C).No.28959 OF 2020

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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.

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Sd/- P.B.SURESH KUMAR, JUDGE

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rkj

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WP(C).No.28959 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE TAX RECEIPT OF THE PROPERTIES DATED 09.06.2020.
EXHIBIT P2	THE TRUE COPY OF THE APPLICATION IN FORM 5 DATED 11.12.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P3	THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE TO THE PETITIONER DATED 11.11.2020.
EXHIBIT P4	THE TRUE COPY OF THE LOCATION MAP ISSUED BY THE VILLAGE OFFICE TO THE PETITIONER DATED 11.11.2020.

Mammed Haji v. the District Collector

Case brief

What is this about?

What did the court decide?

Mammed Haji v. the District Collector

Case brief

What is this about?

What did the court decide?

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Issues for consideration

Statutes considered

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