Disposed

Reghu Ramachandran v. State of Kerala

Kerala HC14 Jan 2021WP(C)/778/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by Reghu Ramachandrana challenging the exclusion of his land. The court directed the Revenue Divisional Officer to consider applications for excluding land from the Land Data Bank and obtaining non-agricultural permission, mandating reports from specific committees and resources.

What did the court decide?

Direction to the 3rd respondent to consider Ext.P3 and Ext.P4 applications within stipulated timelines after obtaining reports and hearing.

Reghu Ramachandran Vs State of Kerala — 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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THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

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WP(C).No.778 OF 2021(V)

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PETITIONER:

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REGHU RAMACHANDRAN AGED 45 YEARS S/O.RAMACHANDRA MENON, BANK HOUSE, CHITTOOR ROAD, KOCHI-682 035.

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BY ADVS. SRI.THOMAS JOHN AMBOOKEN SRI.B.SAJEEV KUMAR SMT.BLOSSOM MATHEW SRI.RENJIT JOHN

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 030.

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3 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, KOCHI-682 001.

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4 THE VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE OFFICE, ERNAKULAM-682 024.

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BY GOVERNMENT PLEADER SRI.A RAVIKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.778 of 2021

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JUDGMENT

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The petitioner has preferred Ext.P3 and Ext.P4 applications 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 and, for a permission for utilisation of the land for non-agricultural purposes. The limited prayer in the writ petition is for a direction to the 3^rd respondent to consider and pass orders on both applications, 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.778 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.P3 application as above within an outer time limit of three months from the date of receipt of a copy of this judgment.

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(ii) Immediately after passing orders on Ext.P3 application, and based on the orders passed thereon, the 3^rd respondent shall take up Ext.P4 application for consideration and pass orders thereon within a month from the date of passing orders on the Ext.P3 application. In either event, the orders shall be passed by the 3^rd respondent only after hearing the petitioner.

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(iii) 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/14.01.2021

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W.P(C).No.778 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 SALE DEED NO.2734/2008 OF EDAPPALLY SUB REGISTRAR OFFICE DATED 16.06.2008. EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK DATED NIL. EXHIBIT P3 RUE COPY OF FORM 5 APPLICATION DATED 11.12.2020 SUBMITTED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF FORM 6 APPLICATION DATED 11.12.2020 SUBMITTED BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF POSTAL RECEIPT DATED 14.12.2020. EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P3 AND P4 BY THE 3RD RESPONDENT DATED 15.12.2020.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A TO JUDGE

Reghu Ramachandran v. State of Kerala

Case brief

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Reghu Ramachandran v. State of Kerala

Case brief

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