Disposed

Binu K.M. v. State of Kerala

Kerala HC21 Nov 2023WP(C)/7482/2021

Case brief

AI extract

What is this about?

The Court set aside Ext.P6 (letter from Meenangady Grama Panchayat) requiring a no-land-ceiling certificate for regularisation of construction. Petitioners were directed to submit a representation supported by specified documents to the 4th respondent within three weeks.

What did the court decide?

Ext. P6 set aside; petitioners directed to submit representation with documents to the 4th respondent within 3 weeks.

Binu K.M. Vs State of Kerala — 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 MR.JUSTICE VIJU ABRAHAM

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TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945

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WP(C) NO. 7482 OF 2021

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PETITIONERS:

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1 BINU K.M.,AGED 48 YEARS S/O. MATHAI, KIZHAKKEDATHU HOUSE, KARIYAMPADY P.O, MEENANGADY (VIA) WAYANAD DISTRICT.

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2 BEENA BINU,

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W/O. BINU, KIZHAKKEDATHU HOUSE,
KARIYAMPADY P.O, MEENANGADY (VIA)
WAYANAD DISTRICT.

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BY ADVS.
GEORGE ABRAHAM
ADVOCATE GENERAL OFFICE KERALA

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001

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2 DISTRICT COLLECTOR, COLLECTORATE, KALPETTA, WAYANAD 673 121

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3 TAHSILDAR, TALUK OFFICER, SULTAN BATHERY, WAYANAD DISTRICT PIN 673 592

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4 VILLAGE OFFICER, PURAKKADY VILLAGE, (VIA) SULTAN BATHERY, MEENANGADY, WAYANAD DISTRICT 673 591

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OTHER PRESENT:

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GP - SYAMANTHAK B.S.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.7482 of 2021

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VIJU ABRAHAM, J.

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W.P (C) No. 7482 of 2021

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Dated this the 21^st day of November, 2023

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JUDGMENT

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Petitioners have approached this Court aggrieved by the issuance of Ext.P6 by the local authority intimating that for regularisation of the construction of the residential building they have to produce a certificate issued by the Village Officer stating that the property is not included in any land ceiling case as per the Kerala Land Reforms Act. Petitioners relying on the circular dated 11.08.2023 issued by the State Land Board and the consequential direction issued by the 2^nd respondent dated 16.10.2023 contended that such certificate is not required for considering the request for regularisation submitted by them.

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Heard the learned Government Pleader also.

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In view of the circular dated 11.08.2023 issued by the State Land Board and the consequential direction issued by the 2^nd respondent dated 16.10.2023, I am inclined to set aside Ext.P6. Petitioners shall make a proper representation before the 4^th respondent producing the documents relied on by them which has been referred to above along with a copy of this judgment. The 4^th respondent shall take a decision on

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WP(C) No.7482 of 2021

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the said representation taking into consideration the documents produced by the petitioners, within a period of three weeks from the date of receipt of a copy of the judgment.

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With the abovesaid direction the writ petition is disposed of.

Sd/-

VIJU ABRAHAM

JUDGE

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WP(C) No.7482 of 2021

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APPENDIX OF WP(C) 7482/2021

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF TITLE DEED NO. 4591/2010`
	`OF THE PROPERTY IN SURVEY NO. 280/4 OF` `PURAKKADY VILLAGE DATED 20-09-2010`
`EXHIBIT P2`	`TRUE COPY OF PATTA ISSUED BY THE LAND` `TRIBUNAL DATED 6-05-21977 IN FAVOUR OF` `SMT. N.P NAGAMMA`
`EXHIBIT P3`	`TRUE COPY OF THE LAND TAX RECEIPT DATED` `17-06-2020 ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT P4`	`TRUE COPY OF THE POSSESSION CERTIFICATE` `DATED 2-07-2020, ISSUED BY THE VILLAGE` `OFFICER.`
`EXHIBIT P5`	`TRUE COPY OF THE APPLICATION SUBMITTED` `BY THE PETITIONERS FOR REGULARIZATION` `OF THE CONSTRUCTION DATED 6-08-2020`
`EXHIBIT P6`	`TRUE COPY OF THE COMMUNICATION ISSUED` `BY THE MEENANGADY GRAMA PANCHAYAT DATED` `15-08-2020`
`EXHIBIT P7`	`TRUE COPY OF THE JUDGMENT IN W.P(C) NO.` `40282/2018 DATED 20-12-2018`
`Exhibit P8`	`TRUE COPY OF THE REPLY SENT BY THE` `TALUK LAND BOARD VYTHIRI`

Binu K.M. v. State of Kerala

Case brief

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Binu K.M. v. State of Kerala

Case brief

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