Disposed

Shaju C Chacko, v. the District Collector

Kerala HC23 Mar 2022WP(C)/6788/2022

Case brief

AI extract

What is this about?

Petitioners challenged erroneous inclusion of their land in the data bank under the Kerala Conservation of Paddy land and Wetland Act, 2008. The court directed the RDO to verify reports and proceed with the expeditious disposal of their applications within four months.

What did the court decide?

Direction to RDO to verify reports and consider Form No.5 and Form No.6 applications within four months.

Shaju C Chacko, 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 23^RD DAY OF MARCH 2022 / 2ND CHAITHRA, 1944 WP(C) NO.6788 OF 2022

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PETITIONERS :-

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1 SHAJU C. CHACKO, AGED 55 YEARS S/O.CHACKO, CHALAKKAL HOUSE, KANMANAM, THEKKUMURI P.O., MALAPPURAM-676 551.

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2 LEENA IGNATIOUS, AGED 49 YEARS W/O. SHAJU C. CHACKO, CHALAKKAL HOUSE, KANMANAM, THEKKUMURI P.O., MALAPPURAM-676 551.

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BY ADVS. N.KRISHNA RAJA MAULI RENI JAMES BINIYAMIN K.S.

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RESPONDENTS :-

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1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

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2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680 003.

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3 THE TAHSILDAR, THRISSUR TALUK OFFICE, TOWN HALL, W PALACE ROAD, CHEMBUKKAV, THRISSUR-680 020.

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4 THE VILLAGE OFFICER, PUTHURVILLAGE OFFICE, PUTHUR, THRISSUR-680 014.

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5 THE AGRICULTURAL OFFICER, PUTHUR KRISHI BHAVAN, PUTHUR, THRISSUR-680 014. BY SMT.VINITHA B, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.6788 OF 2022

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-: 2 :-

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JUDGMENT

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Dated this the 23rd day of March, 2022

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The petitioners are the owners in possession of a total extent of 40.02 Ares of property in Survey Nos.322/2-1, 322/2-2, 329/0-15 and 329/0-16 of Puthur Village in Thrissur Taluk of Thrissur District. The petitioners conf ine their relief for an expeditious consideration of Ext.P3 application in Form No.5 in respect of 21.65 Ares of property and Ext.P4 application in Form No.6 in respect of an extent of 20.08 Ares of land out of 21.65 Ares in Survey No.329/0-16 under the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking deletion of entry relating to the subject property from the data bank and seeking permission for use of land for other purposes. According to the petitioners, the property is lying as a converted land and has been erroneously included in the data bank.

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Having heard the learned Government Pleader also and without expressing any view on the merits of the matter, this writ petition is disposed of directing the 2^nd respondent to initially consider Ext.P3 application (Form No.5), after obtaining and verifying the relevant materials and reports from the Agricultural Officer. If orders are passed excluding the property from the data bank, then, Ext.P4 application (Form No.6) shall also be taken up

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WP(C) NO.6788 OF 2022

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-: 3 :-

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for consideration and appropriate orders shall be passed. The RDO shall consider all relevant matters and shall obtain reports from the concerned Village Officer and shall also verify the nature and extent of the property. The entire proceedings shall be completed within a period of four months from the date of receipt of a copy of this judgment.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/28.3.2022

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WP(C) NO.6788 OF 2022

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-: 4 :-

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APPENDIX OF WP(C) 6788/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24/07/2021.

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Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK. Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 27/08/2021 BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 27/08/2021 BEFORE THE 2ND RESPONDENT ALONG WITH SURVEY SKETCH.

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Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 11/08/2021.

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Exhibit P6 TRUE COPY OF THE REPORT ISSUED BY THE 4TH RESPONDENT DATED 20/09/2021.

Shaju C Chacko, v. the District Collector

Case brief

What is this about?

What did the court decide?

Shaju C Chacko, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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