Disposed

Abdul Nazar Pulikkal v. the Revenue Divisional Officer, Ottapalam

Kerala HC25 Mar 2022WP(C)/7741/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning land conservation. It directed the Revenue Divisional Officer to consider the petitioner's applications Form 5 and Form 6 after obtaining requisite reports, ensuring the proceedings are completed within three months if the property is excluded from the data bank.

What did the court decide?

Directed the 1st respondent to consider the petitioner's applications for deletion from data bank and change of use after obtaining reports, to be completed within three months.

Abdul Nazar Pulikkal Vs the Revenue Divisional Officer… — 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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FRIDAY, THE 25^TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944

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WP(C) NO. 7741 OF 2022

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PETITIONER:

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ABDUL NAZAR PULIKKAL AGED 54 YEARS S/O. ABU, PULIKKAL HOUSE, PEREMUDIYOOR P. O., MUTHUTHALA, PATTAMBI, PALAKKAD, KERALA - 679303.

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BY ADVS. AJMAL.P RAFNA RAZAK

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, OTTAPALAM OFFICE OF THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT, PIN - 679101.

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2 THE VILLAGE OFFICER MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT - 679303.

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3 THE AGRICULTURAL OFFICER FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT - 679303.

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4 THE LOCAL LEVEL MONITORING COMMITTEE FOR THE KANNADI PANCHAYAT CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008, REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER, MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT - 679303.

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PRINCY XAVIER-SR.GP

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W.P.(C) No.7741 of 2022

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-:2:-

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.7741 of 2022

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-:3:-

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ANU SIVARAMAN, J.

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W.P.(C) No.7741 of 2022

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Dated this the 25^th day of March, 2022

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JUDGMENT

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The petitioner is the owner in possession of 2.43 Ares (6 cents) of land in Survey No.472/11 in Block No.27 of Muthuthala Village in Pattambi Taluk of Palakkad District. The petitioner confines his relief for an expeditious consideration of Exts.P3 and P4 applications in Form Nos.5 and 6 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 petitioner, the property is garden land and has been erroneously included in the data bank.

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Having heard the learned Government Pleader also

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and without expressing any view on the merits of the matter, this writ petition is disposed of directing the 1^st respondent to initially

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W.P.(C) No.7741 of 2022

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-:4:-

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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 for consideration and appropriate orders shall be passed. The RDO shall consider all relevant matters and shall obtain reports from the concerned Village Officer as well. The entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-ANU SIVARAMAN JUDGE

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lsn

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W.P.(C) No.7741 of 2022

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-:5:-

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APPENDIX OF WP(C) 7741/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.02.2022 ISSUED BY THE VILLAGE OFFICER, MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT. Exhibit P2 TRUE PHOTOGRAPH OF THE PLOT ALONG WITH THE ADJACENT BUILDING. Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 29.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 5(4) (I) OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008, SEEKING TO REMOVE THE PROPERTY FROM THE LAND DATA BANK FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.

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Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 17.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 27(A) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.

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Exhibit P5 TRUE COPY OF THE TREASURY CHELLAN WITH RECEIPT NO.KL023778257202122M.

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Exhibit P6 TRUE COPY OF POSTAL ACKNOWLEDGMENT.

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W.P.(C) No.7741 of 2022

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-:6:-

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Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE SUB COLLECTOR, OTTAPALAM.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Abdul Nazar Pulikkal v. the Revenue Divisional Officer, Ottapalam

Case brief

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Abdul Nazar Pulikkal v. the Revenue Divisional Officer, Ottapalam

Case brief

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