Disposed

Lyza @ Elizabeth James v. the District Collector

Kerala HC6 Jan 2023WP(C)/351/2023

Case brief

AI extract

What is this about?

Petitioners challenging delay in disposal of their application for retaining land as garden land under Kerala Conservation of Paddy Land and Wet Land Rules, 2008. Court directed Revenue Divisional Officer to consider the application within six weeks of report receipt.

What did the court decide?

Direction to the 2nd Respondent to consider Ext.P3 application within six weeks from receipt of report.

Lyza @ Elizabeth James Vs the District Collector — Property and Title | 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 MR.JUSTICE MURALI PURUSHOTHAMAN

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FRIDAY, THE 6^TH DAY OF JANUARY 2023/16TH POUSHA, 1944

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WP(C) NO. 351 OF 2023

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PETITIONERS:

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1 LYZA @ ELIZABETH JAMES AGED 55 YEARS W/O. JACOB KOOLIYADAN, KOOLIYADAN HOUSE, MARKET ROAD, THRIPUNITHURA, ERNAKULAM, PIN – 680 301. 2 CHINNAMMA JAMES AGED 80 YEARS W/O. LATE T.K JAMES, THOTTUPURAM HOUSE, UDHAYA ROAD, VYTTILA, ERANAKULAM, PIN – 682 019. BY ADVS. RENI JAMES T.A.MARY RINJU

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, COLLECTORATE, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN – 682 030. 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FIRST FLOOR, KB JACOB RD, FORT KOCHI, ERNAKULAM, PIN – 682 001. 3 THE TAHSILDAR, KANAYANNUR, PARK AVENUE, NEAR SUBHASH PARK, MARINE DRIVE, ERNAKULAM, PIN – 682 011.

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WP(C).No.351 OF 2023

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4 THE AGRICULTURAL OFFICER, 2ND FLOOR OF MINI CIVIL STATION, THRIPPUNITHURA, ERNAKULAM, PIN – 682 301.

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SMT. VIDYA KURIAKOSE - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.351 OF 2023

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JUDGMENT

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The petitioners are the owners and in possession

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of 6.70 Ares of land comprised in Survey Nos.27/6 and

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28/5 in Block No.362 of Thekkumbhagam Village, Kanayannur Taluk in Ernakulam District. The petitioners property is described as 'Nilam' in the Revenue Records. According to the petitioners, the aforesaid properties are lying as garden lands and not suitable for paddy cultivation. The petitioners have filed Ext.P3 application (Form No.5) dated 23.11.2021 before the 2nd respondent/RDO under the Kerala Conservation of Paddy Land and Wet Land Rules, 2008. The petitioners are aggrieved by the delay in disposal of Ext.P3 application.

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2 . Heard the learned counsel for the petitioners and the learned Government Pleader.

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3 . It is submitted by the learned counsel for the

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WP(C).No.351 OF 2023

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petitioners that the Agricultural Officer has already

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forwarded a copy of the report to the RDO.

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4 . Accordingly, there will be a direction to the 2 nd

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respondent to consider Ext.P3 application in Form No.5

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within a period of six weeks from the date of receipt of

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the report from the Agricultural Officer.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.351 OF 2023

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY 07.05.2022	OF .	THE TAX RECEIPT DATED
EXHIBIT P2	TRUE COPY	OF	THE EXTRACT OF THE
	PUBLISHED MUNICIPALI	DATA TY.	BANK OF THRIPUNITHURA
EXHIBIT P3	TRUE COPY 5 BEFORE 23.11.2021	OF THE THE .	APPLICATION UNDER FORM 2ND RESPONDENT DATED
EXHIBIT P4	THE PROOF APPLICATIO	EVIDEN N DATE	CING THE RECEIPT OF THE D 23.11.2022.

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RESPONDENTS EXHIBITS: NIL.

Lyza @ Elizabeth James v. the District Collector

Case brief

What is this about?

What did the court decide?

Lyza @ Elizabeth James v. the District Collector

Case brief

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