Remanded

Milan v. Local Level Monitoring Committee

Kerala HC28 Mar 2022WP(C)/690/2022

Case brief

AI extract

What is this about?

The High Court of Kerala consolidated writ petitions challenging stop memos issued regarding land reclamation. The Court directed the RDO to decide the property's nature within two months, maintain status quo, and halt further reclamation by petitioners pending the report.

What did the court decide?

The Revenue Divisional Officer to take an appropriate decision on the nature of the property with notice to petitioners within two months; petitioners to maintain status quo and cease reclamation.

Milan Vs Local Level Monitoring Committee — 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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MONDAY, THE 28^TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944

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WP(C) NO.30908 OF 2021

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PETITIONERS :-

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1 MILAN, AGED 52 YEARS S/O.T.V.LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM.

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2 DEEPA MILAN, W/O.MILAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM.

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3 MIJU LAL, S/O.T.V.LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM.

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BY ADVS. P.P.JACOB MARIYAM JACOB JOHANS JACOB P. ADVOCATE GENERAL OFFICE KERALA

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RESPONDENTS :-

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1 THE LOCAL LEVEL MONITORING COMMITTEE PALLURUTHY VILLAGE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA, ERNAKULAM-682 019.

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2 THE VILLAGE OFFICER PALLURUTHY VILLAGE OFFICE, PALLURUTHY, KOCHI-682 006.

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

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BY SMT.VINITHA B, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, ALONG WITH WP(C).690/2022 AND 6700/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 2 :-

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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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MONDAY, THE 28^TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944 WP(C) NO. 690 OF 2022

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PETITIONERS :-

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1 MILAN, AGED 52 YEARS S/O. T.V.LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM

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2 DEEPA MILAN W/O. MILAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM

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3 MIJU LAL S/O.T.V.LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM

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BY ADVS. P.P.JACOB JOHANS JACOB P.

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RESPONDENTS :-

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1 THE LOCAL LEVEL MONITORING COMMITTEE PALLURUTHY VILLAGE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA, ERNAKULAM-682 021

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2 THE VILLAGE OFFICER, PALLURUTHY VILLAGE OFFICE, PALLURUTHY, KOCHI-682 006.

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3 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001 BY SMT.VINITHA B., SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, ALONG WITH WP(C).30908/2021 AND 6700/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 3 :-

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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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MONDAY, THE 28^TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944

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WP(C) NO. 6700 OF 2022

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PETITIONERS :-

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1 MILAN, AGED 52 YEARS S/O. T V LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM.

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2 DEEPA MILAN W/O. MILAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM.

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3 MIJU LAL, S/O. T V LALAN, PRADEEP MANDIR, RAMESWARAM, THOPPUMPADY, KOCHI-682 006, ERNAKULAM.

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BY ADVS.

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P.P.JACOB MARIYA TITTY

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RESPONDENTS :-

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1 THE LOCAL LEVEL MONITORING COMMITTEE PALLURUTHY VILLAGE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA, ERNAKULAM.

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2 THE VILLAGE OFFICER PALLURUTHY VILLAGE OFFICE, PALLURUTHY,

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KOCHI-682 006.

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3 THE TAHSILDAR FORT KOCHI TALUK OFFICE, FORT KOCHI-682 001.

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4 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, FORT KOCHI-682 001.

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BY SMT.VINITHA B., SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, ALONG WITH WP(C).30908/2021 AND 690/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 4 :-

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JUDGMENT

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[WP(C) Nos.30908/2021, 690/2022 AND 6700/2022] Dated this the 28th day of March, 2022

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W.P.(C) Nos.30908/2021 and 690/2022 are filed challenging Ext.P2 stop memo issued by the Village Officer with regard to reclamation of property. In W.P.(C) No.6700/2022 also, Ext.P3 stop memo is under challenge. Additionally, the representation submitted by the petitioners before the respondents is also sought to be considered.

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The learned Government Pleader submits, on instructions, that the property was found to be wet land and it is because the petitioners had been making attempts to reclaim the property that the stop memos had been issued. It is submitted that the representation submitted by the petitioners have been forwarded to the RDO and are awaiting reports from the Agricultural Officer and the Village Officer.

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Having considered the contentions advanced, I am of the opinion that it is for the RDO to take an appropriate decision with regard to the nature of the property with notice to the petitioners also, within a period of two months from the date of receipt of a copy of this judgment. Till such time, the petitioners shall carry

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WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 5 :-

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out no further reclamation in the property and status quo shall be maintained in respect of the property.

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These writ petitions are ordered accordingly.

Sd/ANU SIVARAMAN

JUDGE

Jvt/31.3.2022

WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 6 :-

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APPENDIX OF WP(C) 30908/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE DATA BANK SHOWING THE PROPERTY IN SY NO 150/1A OF PALLURUTHY VILLAGE Exhibit P2 TRUE PHOTOCOPY OF THE STOP MEMO DATED 24.7.2021 Exhibit P3 TRUE PHOTOCOPY OF THE PLAN DRAWN BY THE ADVOCATE COMMISSIONER IN OS 51/97 DATED NIL

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RESPONDENT EXHIBITS :-

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Annexure R2(a) True copies of the photographs before and after the filing of land Annexure R2(b) True copy of the google map from 2002-2021. Annexure R2(c) True copy of the stop memo dated 13-01-2022 Annexure R2(d) True copy of the police complaints dated 2807-2021. Annexure R2(e) True copy of the police complaints dated 0301-2022.

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WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 7 :-

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APPENDIX OF WP(C) 690/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE DATA BANK SHOWING THE PROPERTY IN SY NO.150/IA OF PALLURUTHY VILLAGE

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Exhibit P2 TRUE PHOTOCOPY OF THE STOP MEMO DATED 24.7.2021 Exhibit P3 TRUE PHOTOCOPY OF THE PLAN DRAWN BY THE ADVOCATE COMMISSIONER IN OS 51/97 DATED NIL

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Exhibit P4 TRUE PHOTOCOPY OF THE STOP MEMO ISSUED BY THE SECOND RESPONDENT DATED 3.1.22.

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WP(C) Nos.30908 OF 2021, 690 & 6700 of 2022

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-: 8 :-

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APPENDIX OF WP(C) 6700/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE DATA BANK VIDE SL.NO.380.
Exhibit P2	TRUE PHOTOCOPY OF THE STOP MEMO DATED 24.7.2021 ISSUED BY THE FIRST RESPONDENT VILLAGE OFFICER, PALLURUTHY VILLAGE.
Exhibit P3	TRUE PHOTOCOPY OF THE STOP MEMO DATED 3.1.2022 ISSUED BY THE FIRST RESPONDENT.
Exhibit P4	TRUE PHOTOCOPY OF THE PROHIBITORY DATED 11.01.22 ISSUED BY THE THIRD RESPONDENT.
Exhibit P5	TRUE PHOTOCOPY OF THE PETITION DATED 22.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.
Exhibit P6	TRUE PHOTOCOPY OF THE ORDER DATED 29.01.222 ISSUED BY THE THIRD RESPONDENT.

Milan v. Local Level Monitoring Committee

Case brief

What is this about?

What did the court decide?

Milan v. Local Level Monitoring Committee

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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