Disposed

Sajor Thekkil Venugopalan v. Local Level Monitoring Committee

Kerala HC7 Feb 2020WP(C)/3470/2020

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition regarding land conversion under the Kerala Conservation of Paddy and Wetland Act, 2008. The Court directed respondents to decide pending applications within specific timelines after hearing the petitioner.

What did the court decide?

Directions to 1st respondent to decide Ext.P2 within two months and 2nd respondent to decide Ext.P3 within two months after receipt, following a hearing to the petitioner.

Sajor Thekkil Venugopalan Vs Local Level Monitoring Committee — 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 AMIT RAWAL

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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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WP(C).No.3470 OF 2020(G)

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PETITIONER:

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SAJOR THEKKIL VENUGOPALAN, AGED 40 YEARS,

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S/O.VENUGOPALAN, THEKKIL HOUSE, KRISHNAPILLA NAGAR, THRIKKUMARAKUDAM, P.O.AYYANTHOLE, THRISSUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER VENUGOPALAN, S/O.MADHAVAN, 73 YEARS, THEKKIL HOUSE, KRISHNAPILLA NAGAR, THRIKKUMARAKUDAM, P.O.AYYANTHOLE, THRISSUR DISTRICT.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENTS:

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1 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AYYANTHOLE, AGRICULTURAL OFFICER, KRISHNI BHAVAN, AYYANTHOLE, THRISSUR, PIN-680003.

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2 REVENUE DIVISIONAL OFFICER, THRISSUR, PIN-680003.

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OTHER PRESENT:

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GP SRI PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3470 OF 2020

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JUDGMENT

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The petitioner is the owner in possession of an extent of 2.02 Ares of land situated in Survey Nos.990/2-6 and 990/2-7 of Ayyanthole Village as per the sale deed No.1644/2016. The aforementioned property, as per the location, is a garden land and is part of a residential area.

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Learned counsel for the petitioner

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submits that the land was converted much prior to 2008, i.e., before the commencement of the Kerala Conservation of Paddy and Wetland Act, 2008 (hereinafter referred to as 'the Act' for short). However in the revenue records, it continued to be shown as 'Paddy Land' ('Nilam'). Since he had expressed his intention to extend his building and approached the Corporation for seeking permission,

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the above impediment prevented him from

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WP(C).No.3470 OF 2020

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undertaking the task of extension. In this regard, he submitted an application in Form 5 dated 16.12.2019 before the 1^st respondent - Local Level Monitoring Committee through its Convenor, Ayyanthol Agricultural Officer, Krishi Bhavan, Ayyanthol, Thrissur. An application under Rule 12(1) of t he Act in Form 6 dated 24.12.2019 was also submitted before the 2^nd respondent, Revenue Divisional Officer, which is evident from the copy of Ext.P4 receipt. As no action has been taken, the entire intention of the petitioner cannot be achieved at an end.

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Having heard counsel for the parties, without expressing anything on the merits, I dispose of the writ petition with a direction to the 1^st and 2^nd respondents to take decision on Exts.P2 and P3 applications, in accordance with law, after affording an opportunity of being heard to the petitioner. In case any deficiency is found in the documents, the

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WP(C).No.3470 OF 2020

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petitioner may be directed to overcome the same. Let a decision be taken by the 1^st respondent on Ext.P2 within a period of two months from the date of receipt of a certified copy of the judgment. The 2^nd respondent shall decide Ext.P3 within another two months after such decision is received.

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This writ petition stands disposed of.

Sd/-

AMIT RAWAL

JUDGE

WP(C).No.3470 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 04.07.2019 ALONG WITH ENGLISH TRANSLATION.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION IN FORM NO.5 DATED 16.12.2019 FILED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION.

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EXHIBIT P3 TRUE COPY OF FORM 6 APPLICATION DATED 24.12.2019 FILED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION. EXHIBIT P4 TRUE COPY OF CHALAN RECEIPT DATED 17.12.2019 SHOWING THE PAYMENT OF FEE ALONG WITH ENGLISH TRANSLATION

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//TRUE COPY// PA TO JUDGE

Sajor Thekkil Venugopalan v. Local Level Monitoring Committee

Case brief

What is this about?

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Sajor Thekkil Venugopalan v. Local Level Monitoring Committee

Case brief

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