Disposed

Suresh Babu K., v. State of Kerala

Kerala HC19 Feb 2020WP(C)/4435/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking directions to the Revenue Divisional Officer to consider an application to remove the petitioner's property from the Kerala Land Data Bank, which currently records it as wet land despite it being dry.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's application to exclude the property from the data bank after hearing and render a decision within 3 months.

Suresh Babu K., 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 ALEXANDER THOMAS

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WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

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WP(C).No.4435 OF 2020(D)

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PETITIONER:

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SURESH BABU K., AGED 41 YEARS S/O.KUMARAN, KUTTATH HOUSE, P.O.EDAPPAL, THUYYAM, MALAPPURAM DISTRICT, PIN-679 576.

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BY ADV. SMT.M.R.JAYALATHA

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RESPONDENTS:

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

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2 REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, THRIKANDIYOOR ROAD, TIRUR, MALAPPURAM DISTRICT-676 101.

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3 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER AND AGRICULTURE OFFICER, KRISHI BHAVAN, EDAPPAL, EDAPPAL P.O., MALAPPURAM DSITRICT-679 576.

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4 AGRICULTURE OFFICER, KRISHI BHAVAN, EDAPPAL, EDAPPAL P.O., MALAPPURAM DSITRICT-679 576.

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5 THE VILLAGE OFFICER, EDAPPAL VILLAGE, EDAPPAL P.O., MALAPPURAM DISTRICT-679 576.

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SRI.K.J.MANU RAJ, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4435 OF 2020(D)

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ALEXANDER THOMAS, J.

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======================= W.P.(C). No. 4435 of 2020

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======================= Dated this the 19th day of February 2020

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JUDGMENT

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The case set up in this writ petition civil are as follows: That the petitioner is the absolute owner of 43 cents of property lying in survey No.187/1B-4,5 & 6, of Edappal Village in Ponnani Taluk, Malappuram District. The petitioner got title to the property by registered Documents Nos. 1184/2019 & 1185/2019 dated 30.3.2019. The property of the petitioner is a dry land and it is surrounded by residential properties. Already there is a residential house in the property. However the property of the petitioner was recorded as wet land in the Data Bank prepared by the Local Level Monitoring Committee. The data bank was published on 24.3.2012 in the Kerala Gazette. Therefore the petitioner submitted Exhibit-P5 application to the Revenue Divisional Officer to remove the property from the Data Bank. Hence the writ petition seeking directions to the Revenue Divisional Officer/ 2n0 respondent to consider and pass orders on Exhibit P5 application filed by the petitioner within a time limit fixed by this Court in the light of law lay down by this Court.

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WP(C).No.4435 OF 2020(D)

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It is in the light of these averments and contentions that the petitioner has filed the instant writ petition with the following prayers.

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(I) issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibit P5 application after conducting a site inspection in the light of the law laid down by this Honourable Court in Adani Infrastructure & Developers Pvt Ltd V. State Of Kerala [2015[1] KLT 651] after affording an opportunity of being heard to the petitioner;

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(ii) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 2 to 4 to carryout necessary changes in the Draft Data Bank to record the property of the petitioner lying in Survey No.187/1B-4,5 & 6, of Edappal Village in Ponnani Taluk as dry land.

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(iii) Declare that the property of the petitioner lying in Survey No.187/1B-4,5 & 6, of Edappal Village in Ponnani Taluk, Malappuram District is not a wet land.

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Heard Smt. M.R. Jayalatha, learned counsel appearing for

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petitioner and Sri. K.J. Manuraj, learned Government Pleader appearing for the petitioner.

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Without getting into the merits of the controversy in any manner, it is ordered that the 2^nd respondent RDO, Malappuram will take up the plea made by the petitioner in Ext.P5 application seeking to exclude and delete the subject property from the data bank and after following requisite procedure and after affording reasonable opportunity of being heard to the petitioner through authorized representatives/ counsel if any, will render a considered decision thereon in accordance

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WP(C).No.4435 OF 2020(D)

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with law without much delay preferably within a period of 3 months from the date of production of a certified copy of this judgment.

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With these observations and directions, the above Writ Petition

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(Civil) stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS

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Nsd //true copy// PA to Judge

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JUDGE

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WP(C).No.4435 OF 2020(D)

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APPENDIX

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PETITIO	NER'S/S EX	HIBITS:
EXHIBIT	P1	A TRUE PROPERT	COPY OF THE Y.	PHOTOGRAPH OF THE
EXHIBIT	P2	A TRUE BY THE	COPY OF THE 5TH RESPONDE	BASIC TAX RECEIPT ISSUED NT DATED 17.05.2019.
EXHIBIT	P2 A	A TRUE BY THE	COPY OF THE 5TH RESPONDE	BASIC TAX RECEIPT ISSUED NT DATED 25.04.2019.
EXHIBIT	P3	A TRUE ISSUED 08.02.2	COPY OF THE BY THE VILLA 020.	POSSESSION CERTIFICATE GE OFFICER DATED
EXHIBIT	P3 A	A TRUE ISSUED 06.02.2	COPY OF THE BY THE VILLA 020.	POSSESSION CERTIFICATE GE OFFICER DATED
EXHIBIT	P4	A TRUE DATA BA 24.03.2	COPY OF THE NK PUBLISHED 012.	RELEVANT PAGES OF THE IN KERALA GAZETTE DATED
EXHIBIT	P5	A TRUE DATED 0 PETITIO	COPY OF THE 5.02.2020 SU NER TO THE 2	APPLICATION IN FORM 5 BMITTED BY THE ND RESPONDENT.

Suresh Babu K., v. State of Kerala

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Suresh Babu K., v. State of Kerala

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