Disposed

Thomas Jacob v. State of Kerala

Kerala HC18 Nov 2022WP(C)/15471/2021

Case brief

AI extract

What is this about?

The High Court directed the 3rd respondent to consider the petitioner's application for conversion and exclusion of property from the Data Bank within three months. The petitioner had been incorrectly classified as having a water-logged property due to a blockade in a 'thodu'. The court also directed the 7th respondent to consider the petitioner's representation within six weeks. Other contentions

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's Form-5 application within three months and direction to the 7th respondent to consider the petitioner's representation within six weeks.

Thomas Jacob Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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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 MURALI PURUSHOTHAMAN

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FRIDAY, THE 18^TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944 WP(C) NO. 15471 OF 2021

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PETITIONER/S:

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THOMAS JACOB AGED 64 YEARS S/O. C.T THOMAS, CHARIVUKALAYI CITY VEEDU, NEAR YMCA, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN 689 101 BY ADVS. K.SHIBILI NAHA A.LOWSY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001

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2 THE DISTRICT COLLECTOR, KOTTAYAM 686 002

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3 THE REVENUE DIVISIONAL OFFICER, KOTTAYAM 686 573

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4 THE AGRICULTURAL OFFICER, KUMARAKOM P.O, KOTTAYAM DISTRICT 686 002

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5 THE VILLAGE OFFICER KUMARAKOM 686 563

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6 THE KUMARAKOM GRAMA PANCHAYATH KUMARAKOM P.O, REPRESENTED BY ITS SECRETARY, KUMARAKOM GRAMA PANCHAYATH, KOTTAYAM DISTRICT, PIN 686 563

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7 THE SECRETARY KUMARAKOM GRAMA PANCHAYATH,KUMARAKOM P.O, KOTTAYAM DISTRICT, PIN 686 563

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8 THE LOCAL LEVEL MONITORING COMMITTEE KUMARAKOM GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER/PRINCIPAL AGRICULTURAL OFFICER, KRISHI BHAVAN, KUMARAKOM P.O, KOTTAYAM DISTRICT, PIN 686 016

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9 KERALA STATE REMOTE SENSING AND ENVIORNMENT CENTRE (KSREC) NEAR LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM 695 033

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10 ADDL. R10 THE THAHASILDAR (LR) TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, KOTTAYAM-686001 IS IMPLEADED AS PER ORDER DATED 15/09/2021 IN IA 2/2021 BY ADV ATHUL SHAJI

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BY SMT. .SURYA BINOY – SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15471 OF 2021

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JUDGMENT

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The petitioner is challenging Ext.P12 passed by the 3^rd respondent rejecting the application of the petitioner seeking conversion and for exclusion of his property from the Data Bank. The petitioner submits that, as evident from Ext.P16, the water logging in his property was due to blockade caused in a ‘thodu’ vested with the local authority and therefore the inclusion in data bank finding that the property is water logged is wrong. The petitioner has now submitted Ext.P19 application in Form-5 before the 3^rd respondent under Rule 4(d) of the Kerala Conservation of Paddy land and Wetland Rules.

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When the writ petition came up for further consideration today, the learned counsel for the petitioner limits his prayer for

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WP(C) NO. 15471 OF 2021

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consideration of Ext.P19.

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Heard the learned counsel for the

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petitioner, the learned Government Pleader, the learned Standing Counsel for 6^th and 7^th respondents and the Standing Counsel for the 9^th respondent.

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In the facts and circumstances of the case, there will be a direction to the 3^rd respondent to consider Ext.P19 application of the petitioner in Form-5 in accordance with law, taking into consideration all the relevant documents. Orders shall be passed within a period three months from the date of receipt of a copy of this judgment.

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There will also be a direction to the 7^th respondent to consider Ext.P14 representation submitted by the petitioner after hearing the petitioner and any other persons as the Secretary of the Panchayat deems fit. This shall be done

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WP(C) NO. 15471 OF 2021

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within a period of six weeks from the date of receipt of a copy of this judgment. All other contentions of the petitioner are left open.

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The writ petition is disposed of as above.

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Sd/-

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MURALI PURUSHOTHAMAN

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JUDGE

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al/-

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WP(C) NO. 15471 OF 2021

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APPENDIX OF WP(C) 15471/2021

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PETITIONER EXH Exhibit P1	IBITS TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER CONCERNED.
Exhibit P2	TRUE COPY OF THE BASIC TAX RECEIPT EVIDENCING PAYMENT OF LAND TAX
Exhibit P3	TRUE COPY OF THE SITE PLAN PREPARED BY THE 5TH RESPONDENT
Exhibit P4	TRUE COPY OF THE PHOTOGRAPHS DEPICITING THE LIE AND NATURE OF THE PROPERTY
Exhibit P5	TRUE COPY OF THE CERTIFIED EXTRACT OF THE DATA BANK DATED 18-12-2013
Exhibit P6	TRUE COPY OF THE EXTRACT OF THE FAIR VALUE
Exhibit P7	TRUE COPY OF THE BUILDING PERMIT NO. A4 4885/2014 DATED 21-10-2014 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONERS PREDECESSOR IN INTEREST.
Exhibit P8	TRUE COPY OF THE DECLARATION FILED BY THE PETITIONER'S PREDECESSOR IN INTEREST ON 08-02-2016
Exhibit P9	TRUE COPY OF THE CHELAN EVIDENCING SUBMISSION OF APPLICATION AND PAYMENT OF THE REQUISITE FEE ON 15-02-2016.
Exhibit P10	TRUE COPY OF THE DEMAND DRAFT EVIDENCING PAYMENT OF RS. 1500/- (RUPEES ONE THOUSAND FIVE HUNDRED ONLY) DATED 24-08-2017.
Exhibit P11	TRUE COPY OF THE RECEIPT ACKNOWLEDGING RECEIPT OF APPLICATION DATED 23-12-20192017
Exhibit P12	TRUE COPY OF THE PROCEEDINGS NO. B5972/19 DATED 22-07-2020 BY THE 3RD RESPONDENT
Exhibit P13	TRUE COPY OF THE COMMUNICATION NO. 168/2021 DATED 25-06-2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P14	TRUE COPY OF THE REPRESENTATION DATED 29-06-2021 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, KUMARAKOM GRAMA PANCHAYATH
Exhibit P15	TRUE COPY OF THE COMMUNICATION DATED 07-07-2021 ISSUED BY THE 5TH RESPONDENT TO THE ASSISTANT ENGINEER (LSGD)
Exhibit P16	TRUE COPY OF THE REPORT DATED 08-07-2021 SUBMITTED BY THE ASSISTANT ENGINEER LSGD TO THE 7TH RESPONDENT.

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WP(C) NO. 15471 OF 2021

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Exhibit P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM A AS PER THE PROVISIONS OF THE KERALA LAND TAX ACT 1961 ON 11/8/2021 Exhibit P18 TRUE COPY OF THE COVERING LETTER DATED 11/8/2021 SUBMITTED ALONG WITH FORM A APPLICATION BEFORE THE THAHASILDAR (LR), KOTTAYAM RESPONDENT EXHIBITS Exhibit R3(a) True copy of the application dated 23-12-2019 under section 27A of the Act 28 of 2008 along with Challan PETITIONER EXHIBITS Exhibit P19 ADDITIONAL EXHIBIT P19

Thomas Jacob v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas Jacob v. State of Kerala

Case brief

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What did the court decide?

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