Disposed

Meeran Aka Meerakutty v. the Secretary

Kerala HC25 Jan 2021WP(C)/664/2021

Case brief

AI extract

What is this about?

The Court directed the 5th respondent to consider the petitioners' application in Form 6 for conversion of land to non-agricultural purposes within six weeks, noting a prior building permit and a cited judgment, and to decide whether Section 27A applies after hearing the parties.

What did the court decide?

Direction to the 5th respondent to consider applications in Form 6 and pass orders within six weeks after hearing the petitioners.

Meeran Aka Meerakutty Vs the Secretary — Land Acquisition | 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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MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

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WP(C).No.664 OF 2021(G)

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PETITIONERS:

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1 MEERAN AKA MEERAKUTTY AGED 59 YEARS

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S/O.SYED, THENALIL HOUSE, MULAVUR VILLAGE, PEZHAKKAPILLY KARA, MUVATTUPUZHA TALUK, PEZHAKKAPILLY P.O.-686 674

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2 AMINA

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AGED 56 YEARS

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W/O.MEERAN AKA MEERANKUTTY, THENALIL HOUSE, MULAVUR VILLAGE, PEZHAKKAPILLY KARA, MUVATTUPUZHA TALUK, PEZHAKKAPILLY P.O.-686 674

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BY ADV. SRI.SIRAJ KAROLY

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RESPONDENTS:

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1 THE SECRETARY

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PAYIPRA GRAMA PANCHAYATH, PAYIPRA GRAMA PANCHAYATH OFFICE, P.O.PEZHAKKAPILLY, MUVATTUPUZHA 686 674

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2 PAYIPRA GRAMA PANCHAYATH

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REP.BY ITS SECRETARY, PAYIPRA GRAMA PANCHAYATH OFFICE, P.O.PEZHAKKAPILLY, MUVATTUPUZHA 686 674

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3 THE VILLAGE OFFICER MULAVUR, VILLAGE OFFICE, MULAVUR, MUVATTUPUZHA 686 674

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4 THE AGRICULTURAL OFFICER AGRICULTURAL OFFICE, KRISHI BHAVAN, PAYIPRA, P.O.PEZHAKKAPILLY, MUVATTUPUZHA 686 674

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5 THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, MUDAVUR P.O., MUVATTUPUZHA 686 669

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BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN BY ADV.SRI.C.A.NAVAS,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.664 of 2021

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JUDGMENT

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The petitioners have approached the 5^th respondent through Exts.P8 and P8(a) applications in Form 6 seeking a permission to convert the user of the land for non-agricultural purposes. In the Writ Petition, it is the case of the petitioners that a building permit has already been granted by the respondent Panchayat for effecting a construction on the land in question. The petitioners therefore places reliance on the decision of this Court in State of Kerala and Others v. Binu Mathew Chacko and Others [2020 (6) KHC 717] for the purposes of contending that the 5^th respondent would now have to consider the request for permission in the light of the judgment aforementioned and pass orders thereon, expeditiously.

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I have heard the learned counsel appearing for the petitioners, the learned Government Pleader appearing for the official respondents of the State and the learned Standing counsel appearing for the respondents 1 and 2.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 5^th respondent to consider and pass orders on Exts.P8

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W.P(C).No.664 of 2021

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and P8(a) applications in Form 6 within an outer time limit of six weeks from the date of receipt of a copy of this judgment, after taking note of the judgment of this Court in State of Kerala and Others v. Binu Mathew Chacko and Others [2020 (6) KHC 717] and considering whether the provisions of Section 27A need to be applied in the instant case at all. The 5^th respondent shall pass orders in the matter within six weeks from the date of receipt of a copy of this judgment, after hearing the petitioners. The petitioners shall produce a copy of the writ petition together with a copy of this judgment before the 5^th respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/25.01.2021

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W.P(C).No.664 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 TITLE DEED OF THE PROPERTY OF THE 1ST PETITIONER EXHIBIT P1 (A) TRUE COPY OF THE TITLE DEED OF THE PROPERTY OF THE 2ND PETITIONER EXHIBIT P1 (B) TRUE COPY OF THE TITLE DEED OF THE PROPERTY OF THE 3RD PETITIONER EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 6.7.2020 JOINTLY IN THE NAME OF THE PETITIONERS EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY DATED 7.7.2020 EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT DATED 18.8.2020 IN FAVOUR OF THE PETITIONERS EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS SIX IN NUMBERS OF THE PROPERTY AND ITS SURROUNDING EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 16.11.2020 EXHIBIT P7 TRUE COPY OF THE EXTRACT OF THE DATA BANK DATED 24.3.2012 EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 3.11.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT IN FORM NO.6 EXHIBIT P8 (A) TRUE COPY OF THE APPLICATION DATED 3.11.2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5TH RESPONDENT IN FORM NO.6 EXHIBIT P9 TRUE COPY OF THE CHALAN SHOWING THE REMITTANCE BY THE 1ST PETITIONER DATED

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W.P(C).No.664 of 2021

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1.11.2020 AND 3.11.2020 EXHIBIT P9 (A) TRUE COPY OF THE CHALAN SHOWING THE REMITTANCE BY THE 2ND PETITIONER DATED 1.11.2020 AND 3.11.2020 EXHIBIT P10 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 5TH RESPONDENT OF THE 1ST PETITIONER DATED 17.11.2020 EXHIBIT P10 (A) TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 5TH RESPONDENT OF THE 2ND PETITIONER DATED 17.11.2020

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Meeran Aka Meerakutty v. the Secretary

Case brief

What is this about?

What did the court decide?

Meeran Aka Meerakutty v. the Secretary

Case brief

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