Allowed

Leela S., v. State of Kerala

Kerala HC22 Jul 2024WP(C)/1776/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition challenging an order under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act. The court quashed the order for failing to consider a KSREC report and an undated Agricultural Officer report, remanding the matter for reconsideration.

What did the court decide?

The impugned order (Ext.P7) is quashed. Direction to the 3rd respondent to reconsider the application taking note of the KSREC Report within 3 months.

Leela S., Vs State of Kerala — Land Acquisition | Kerala HC (2024)

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W. P.(C) No. 1776 of 2024

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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 MOHAMMED NIAS C.P.

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MONDAY, THE 22^ND DAY OF JULY 2024 / 31ST ASHADHA, 1946

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WP(C) NO. 1776 OF 2024

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PETITIONER:

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LEELA S., AGED 71 YEARS, W/O. SOMARAJAN, KOTTATHAZHA HOUSE, 610, MUNDAKKAL EAST, KOLLAM, PIN – 691001.

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BY ADV. SRI. S.RAMESH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE DISTRICT COLLECTOR, KOLLAM, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM, PIN – 691001.

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3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, PUNALUR, KOLLAM DISTRICT, PIN – 691305.

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ADDL.4 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PIRAVANTHOOR, KOLLAM DISTRICT, PIN-689 696.

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*** ADDL.R4 IS IMPLEADED AS PER ORDER DATED 23.01.2024 IN I.A 1/2024 IN WP(C) 1776/2024.**

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SMT.DEVI SHRI R. GP

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W. P.(C) No. 1776 of 2024

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P.(C) No. 1776 of 2024

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MOHAMMED NIAS C. P. , J.

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W. P.(C) No. 1776 of 2024

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Dated this the 22^nd day of July, 2024

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J U D G M E N T

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The petitioner challenges Ext.P7, an order passed under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the Rules) . Though a report from the KSREC was obtained as early as on 5.9.2022, there is no reference to the same in Ext.P7 order dated 16.10.2023. The learned counsel for the petitioner also points out that even the report of the Agricultural Officer relied on in the impugned order does not bear a date.

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Under such circumstances, more particularly, for not considering the KSREC Report, the impugned order is quashed. There will be a direction to the 3^rd respondent to reconsider the

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W. P.(C) No. 1776 of 2024

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application preferred by the petitioner taking note of the KSREC Report within 3 months from the date of receipt of a copy of the judgment.

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The Writ Petition is allowed as above.

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Sd/-

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MOHAMMED NIAS C. P. , JUDGE

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MMG

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W. P.(C) No. 1776 of 2024

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APPENDIX OF WP(C).NO.1776/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 17-52012, REGARDING THE PROPERTY OF THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATE NI. ISSUED BY THE AGRICULTURE OFFICER, KRISHI BHAVAN, PIRAVANTHOOR.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 2811-2022 UNDER FORM 5, PREFERRED BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE CHALAN RECEIPT DATED 14-6-2016 ISSUED BY THE TREASURY OFFICER.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 258-2017 SUBMITTED BY THE PETITIONER BEFORE THE AGRICULTURAL OFFICER.

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EXHIBIT P6 TRUE COPY OF THE REPORT OF THE DIRECTOR, KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE (KSREC) NO. A- 172/2015/KSREC/009851/18 DATED 5-92022.

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EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS NO. 1/2022/1366651 (FILE NO. 1174/2023) DATED 16-10-2023 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE INFORMATION REGARDING THE POSITION OF THE APPLICATION OF THE PETITIONER AS PER EXT.P3, AVAILABLE IN THE WEBSITE.

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W. P.(C) No. 1776 of 2024

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EXHIBIT P9 TRUE COPY OF THE LAND TAX RECEIPT NO. KL02051303680/2023 DATED 2-6-2023 ISSUED FROM THE VILLAGE OFFICE, PIRAVANTHOOR.

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EXHIBIT P10 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 73241720 DATED 28-112022 ISSUED BY THE VILLAGE OFFICER, PIRAVANTHOOR.

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EXHIBIT P11 TRUE COPY OF THE PHOTOGRAPHS, SHOWING THE ARCH NEARBY THE HIGHWAY AND THE CHURCH AND OTHER BUILDINGS NEARBY.

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EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPHS, SHOWING THE MAIN ROAD, WHICH IS NEARBY THE PETITIONER'S PROPERTY.

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EXHIBIT P13 TRUE COPY OF THE RECEIPT DATED 14-122023 ISSUED FROM THE COLLECTORATE, KOLLAM, REGARDING RECEIPT OF THE APPEAL FILED BY THE PETITIONER.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R3(A) TRUE COPY OF THE REPORT DATED 10-052023

Leela S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Leela S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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