Allowed

Rasiya.C. v. the District Collector

Kerala HC22 Dec 2022WP(C)/28350/2022

Case brief

AI extract

What is this about?

This writ petition challenged orders of the 2nd respondent issued without considering relevant materials. The High Court quashed the impugned orders and directed the 2nd respondent to re-consider the petitioner's applications expeditiously, accounting for an Agricultural Officer's report and prior orders.

What did the court decide?

Ext.P9 and Ext.P11 quashed. Direction to 2nd respondent to re-consider Form No.5 and Form No.6 applications with relevant records within two months.

Rasiya.C. Vs the District Collector — Land Acquisition | Kerala HC (2022)

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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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THURSDAY, THE 22^ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

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WP(C) NO. 28350 OF 2022

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PETITIONER:

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RASIYA.C. AGED 68 YEARS W/O.A.K HYDER, ATHIMANNIL HOUSE, CHAKKALAKUTH, NILAMBUR, MALAPPURAM DISTRICT - 679 329. BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR MALAPPURAM, OFFICE OF THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT - 676 504. 2 THE SUB COLLECTOR, PERITHALMANNA, OFFICE OF THE SUB COLLECTOR, PERINTHALMANNA, MALAPPURAM DISTRICT - 679 321. 3 THE TAHSILDAR (LAND RECORDS), NILAMBUR, TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT - 679 329. 4 THE VILLAGE OFFICER, NILAMBUR, VILLAGE OFFICE, MALAPPURAM DISTRICT - 679 329. 5 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, NILAMBUR, MALAPPURAM DISTRICT - 679 329. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 28350 OF 2022

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JUDGMENT

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Dated this the 22nd day of December, 2022.

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The petitioner has filed this writ petition challenging Ext.P9 and Ext.P11 orders of the 2^nd respondent. According to her, Exts.P9 and P11 have been issued without taking into account the relevant materials including Ext.P8 order of the 1^st respondent.

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When the matter came up for consideration today, the learned Government Pleader, on instructions, submits that, based on the report of the Agricultural Officer dated 30.09.2022 and site inspection, the 2nd respondent has proposed to re-consider From No.5 application submitted by the petitioner.

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Since Exts.P9 and P11 were issued without

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taking into consideration Ext.P8 order and relevant materials, they are quashed. The 2^nd respondent is

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WP(C) NO. 28350 OF 2022

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directed to re-consider Form No.5 application submitted by the petitioner taking into account the report of the Agricultural Officer dated 30.09.2022, Ext.P8 and other relevant records. Fresh orders shall be passed within two months from the date of receipt of a copy of this judgment.

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In case the property of the petitioner is excluded from the data bank, the application of the petitioner in Form No.6 shall also be considered as directed in Ext.P8, expeditiously.

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This writ petition is disposed of with the above

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directions.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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Raj. 22.12.2022.

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WP(C) NO. 28350 OF 2022

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APPENDIX OF WP(C) 28350/2022

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PETITIONER EXHIBITS

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Exhibit	P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 29/05/2018 ISSUED IN FAVOUR OF THE PETITIONER.
Exhibit	P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23/02/2019 ISSUED IN FAVOUR OF THE PETITIONER.
Exhibit	P3 A TRUE COPY OF THE RELEVANT PAGE OF THE ORIGINAL DRAFT DATA BANK PREPARED BY THE 4TH RESPONDENT.
Exhibit	P4 A TRUE COPY OF THE APPLICATION DATED 05/03/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit	P5 A TRUE COPY OF THE ORDER DATED 18/01/2020 PASSED BY THE 2ND RESPONDENT.
Exhibit	P6 A TRUE COPY OF THE REPORT OF THE 5TH RESPONDENT.
Exhibit	P6(A) A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 14/07/2020.
Exhibit	P7 A TRUE COPY OF THE REPORT OF THE KSRSE DATED 01/11/2021 ADDRESSED TO THE 5TH RESPONDENT.
Exhibit	P8 A TRUE COPY OF THE ORDER DATED 08/04/2022 OF THE 1ST RESPONDENT.
Exhibit	P9 A TRUE COPY OF THE RELEVANT PAGE OF THE PUBLISHED DATA BANK AS ON 08/03/2021.

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WP(C) NO. 28350 OF 2022

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Exhibit P10 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 09/04/2018 IN THE CASE OF K.T SULAIKHA. Exhibit P11 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 14/06/2022.

Rasiya.C. v. the District Collector

Case brief

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Rasiya.C. v. the District Collector

Case brief

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