Disposed

Muneera v. Revenue Divisional Officer, Thrissur

Kerala HC7 Feb 2023WP(C)/2062/2023

Case brief

AI extract

What is this about?

Petitioner owned land erroneously included in the wetland data bank. The court directed the Revenue Divisional Officer to consider a Form number 5 application for land use permission after verifying reports, and subsequently a Form number 6 application, within two months.

What did the court decide?

Directing the 1st respondent to consider the Form No.5 application within two months, then the Form No.6 application within another two months.

Muneera Vs Revenue Divisional Officer, Thrissur — Land Acquisition | 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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TUESDAY, THE 7^TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944

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WP(C) NO. 2062 OF 2023

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PETITIONER:

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MUNEERA AGED 44 YEARS AL AZAR, CHAMMANNUR, CHEMMANNUR .P.O., TRISSURE DISTRICT, PIN - 679561

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BY ADV T.K.AJITHKUMAR (VALATH)

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RESPONDENTS:

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1 REVENUE DIVISIONAL OFFICER, THRISSUR, OFFICE OF THE REVENUE DIVISIONAL OFFICE, THRISSUR, CIVIL STATION, AYYANTHOLE,, PIN - 680003

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2 LOCAL LEVEL MONITORING COMMITTEE OF KADAVALLUR GRAMA PANCHAYAT REPRESENTED BY THE CONVENER/AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING COMMITTEE, KADAVALLUR, PERUMPILAQVU, THRISSUR DISTRICT, PIN - 680519

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3 AGRICULTURAL OFFICER, LOCAL LEVEL MONITORING COMMITTEE, KADAVALLUR, PERUMPILAVU, THRISSUR DISTRICT, PIN - 680519

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4 VILLAGE OFFICER, KARIKKAD GROUP VILLAGE OFFICE, PERUMPILAVU, THRISSUR DISTRICT, PIN - 680519

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BY SMT.PARVATHY K., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.2062 OF 2023

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JUDGMENT

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Dated this the 7^th day of February, 2023.

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The petitioner is the owner in possession of 14.83 Ares

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of land in Survey No.23/P-3 in Block No.4 of Karikkad Village in Kunnamkulam Taluk of Thrissur District. The petitioner confines his relief for an expeditious consideration of Exts.P3 and P5 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 a garden 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 1^st respondent to initially consider Ext.P3 application (Form No.5), after obtaining and verifying the relevant materials and reports from the Agricultural Officer and to pass appropriate orders thereon within a period of

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WP(C) NO.2062 OF 2023

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two months from the date of receipt of a copy of this judgment. If orders are passed excluding the property from the data bank, then, Ext.P5 application (Form No.6) shall also be taken up for consideration and appropriate orders shall be passed thereon within a period of two months thereafter. The RDO shall consider all relevant matters and shall obtain reports from the concerned Village Officer as well. The petitioner shall produce the copy of

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this judgment along with the copy of the writ petition before the 1^st respondent for compliance.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SSK/07/02

WP(C) NO.2062 OF 2023

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 8-9-2022 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE APPLICATION DATED 14-12023 IN FORM NO.5, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 THE TRUE COPY OF THE RECEIPT OF PAYMENT OF FEE DATED 14-1-2023 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Exhibit5 THE TRUE COPY OF THE APPLICATION DATED 12-12021 IN FORM NO.6 SUBMITTED TO THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 28-10-2021

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RESPONDENT'S/S EXHIBITS: NIL

Muneera v. Revenue Divisional Officer, Thrissur

Case brief

What is this about?

What did the court decide?

Muneera v. Revenue Divisional Officer, Thrissur

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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