Disposed

Abdul Salam.N.P. v. State of Kerala

Kerala HC3 Feb 2023WP(C)/1573/2023

Case brief

AI extract

What is this about?

Petitioner sought permission under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008 to use non-cultivable land for other purposes. Court disposed of the writ petition by directing the 2nd respondent to consider the application within three months.

What did the court decide?

Direction to 2nd respondent to consider Form No.6 application and pass orders within three months verifying data bank and property details.

Abdul Salam.N.P. Vs State of Kerala — Specific Performance | Kerala HC (2023)

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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 3^RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944

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WP(C) NO. 1573 OF 2023

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PETITIONERS:

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ABDUL SALAM.N.P. AGED 46 YEARS S/O (LATE) MOIDU, NHERAPPOYIL HOUSE, MUYIPPOTH P.O., MEPPAYYUR, CHERUVANNOOR, KOZHIKODE,, PIN - 673524

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BY ADV A.S.SHAMMY RAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001

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2 REVENUE DIVISIONAL OFFICER VADAKARA REVENUE DIVISIONAL OFFICE, VADAKARA P.O., KOZHIKODE,, PIN - 673101

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SRI.APPU.P.S-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1573 OF 2023

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JUDGMENT

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Dated this the 3^rd day of February, 2023

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The petitioner is the owner in possession of 2.305 Ares of land in Re-survey Nos.111/6 of Cheruvannoor Village in Koyilandy Taluk of Kozhikode District. It is submitted by the learned counsel for the petitioner that though the resurvey number of the property of the petitioner is shown as 111/6, the system generated survey number as evidenced by Ext P10 as well as Ext.P12 certificate is Sy.No.111/13. It is submitted that the property of the petitioner is lying as garden land and the same is not suitable for paddy cultivation and is not included in the data bank. The petitioner confines his relief for an expeditious consideration of Ext.P9 application in Form No.6 under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.

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Having heard the learned Government Pleader also and

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without expressing any view on the merits of the matter, this writ petition is disposed of directing the 2^nd respondent to take up Ext.P9 application, consider and pass orders on the same, after considering

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WP(C) NO. 1573 OF 2023

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all relevant aspects of the matter and after verifying the data bank and obtaining all necessary inputs including the report of the Village Officer and after verifying the nature, extent of the property and verifying the identity of the property. 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.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 1573 OF 2023

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APPENDIX OF WP(C) 1573/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE SALE DEED NO.2478/2014 DATED 24.10.2014 OF MEPPAYYUR S.R.O. EXECUTED IN THE NAME OF PETITIONER
Exhibit P2	TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHERUVANNUR DATED 1.12.2014 TO THE PETITIONER
Exhibit P3	TRUE COPY OF A ROUGH PLAN OF THE PETITIONER'S PROPERTY
Exhibit P4	TRUE COPY OF THE BUILDING PERMIT ISSUED BY CHERUVANNUR GRAMA PANCHAYATH DATED 20.3.2015 TO THE PETITIONER
Exhibit P5	PHOTOGRAPH OF THE PETITIONER'S RESIDENTIAL BUILDING
Exhibit P6	TRUE COPY OF THE ORDER DATED 20.11.2021 PASSED BY THE 2ND RESPONDENT
Exhibit P7	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.6483/2022 OF THIS HON'BLE COURT DATED 14.7.2022
Exhibit P8	TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 9.11.2022
Exhibit P9	TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT ON 1.12.2022 BY PETITIONER
Exhibit P10	TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER ON PAYMENT OF NECESSARY FEE, DATED 1.12.2022
Exhibit P11	TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT 2.10.2022
Exhibit P12	TRUE COPY OF THE CERTIFICATE DATED 21.1.2023
	ISSUED BY THE VILLAGE OFFICER, CHERUVANNOOR

Abdul Salam.N.P. v. State of Kerala

Case brief

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Abdul Salam.N.P. v. State of Kerala

Case brief

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