Disposed

Alibava Haji v. State of Kerala

Kerala HC20 Jan 2021WP(C)/1529/2021

Case brief

AI extract

What is this about?

The Court directed the Revenue Divisional Officer to consider the Land Data Bank exclusion application after hearing the petitioner within three months, mandating a review of the Kerala State Remote Sensing and Environment Center's satellite image study before making a final decision.

What did the court decide?

The 3rd respondent must decide on the exclusion application after hearing the petitioner within three months, considering the KSREC satellite report.

Alibava Haji Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2021)

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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 A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

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WP(C).No.1529 OF 2021(M)

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PETITIONER:

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ALIBAVA HAJI, AGED 72 YEARS S/O. ALAVI HAJI, RESIDING AT CHANDAPARAMBIL HOUSE, KALADY P.O., PONNANI, MALAPPURAM DISTRICT, CHAIRMAN, MALABAR EDUCATION AND CHARITABLE TRUST.

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BY ADV. SRI.P.T.SHEEJISH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT695001.

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2 THE DISTRICT COLLECTOR, COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM DISTRICT-676504.

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3 THE REVENUE DIVISIONAL OFFICER, CIVIL STATION BUILDING, CIVIL STATION, TIRUR, MALAPPURAM DISTRICT-676101.

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4 THAHSILDAR,TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT-676101.

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5 THE VILLAGE OFFICER, VATTAMKULLAM VILLAGE OFFICE, PONNANI, MALAPPURAM DISTRICT-676105.

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6 DISTRICT AGRICULTURAL OFFICER, CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, 2ND FLOOR, B3 BLOCK, CIVIL STATION ROAD, UP HILL, MALAPPURAM, KERALA-676505.

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BY GOVERNMENT PLEADER SRI. PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.1529 of 2021

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J U D G M E N T

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The petitioner has preferred Ext.P2 application in Form 5 before the 3^rd respondent under the Rules framed under the Kerala Conservation of Paddy Land and WetLand Act, 2008 [hereinafter referred to as the “2008 Act”] seeking exclusion of his land from the Land Data Bank on the ground that it is not a paddy land. The limited prayer in the writ petition is for a direction to the 3^rd respondent to consider and pass orders on Ext.P2 application, expeditiously, after hearing the petitioner.

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I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

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On a consideration of the facts and circumstances of the cases as also the submissions made across the bar, I deem it appropriate to dispose the writ petition with the following directions:

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(i) The 3^rd respondent shall call for a report from the Local Level Monitoring Committee [LLMC], and then take a decision either to exclude the land from the Land Data Bank prepared for the

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W.P(C).No.1529 of 2021

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area or to reject the request for such exclusion. In the latter event, before taking the decision, the RDO shall also consider the report of the Kerala State Remote Sensing and Environment Center [KSREC] based on satellite image studies of the land in question. The 3^rd respondent shall pass orders on Ext.P2 application as above within an outer time limit of three months from the date of receipt of a copy of this judgment, after hearing the petitioner.

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(ii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 3^rd respondent, for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/20.01.2021

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W.P(C).No.1529 of 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE IN RE-SURVEY NO.188/2B OF VATTAMKULLAM VILLAGE, PONNANI, MALAPPURAM DISTRICT DATED 04/05/2019 ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF FORM 5 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 16/11/2020. EXHIBIT P3 THE TRUE COPY OF THE POSTAL RECEIPT OF THE FORM 5 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 16/11/2020.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Alibava Haji v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alibava Haji v. State of Kerala

Case brief

What is this about?

What did the court decide?

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