Disposed

Muhammed Kunju C a, v. the District Collector

Kerala HC19 Jul 2024WP(C)/21996/2024

Case brief

AI extract

What is this about?

Petitioner sought removal of his converted land from the paddy land data bank via a Form 5 application pending before authorities. Court directed the Agricultural Officer to submit a report and the designated officer under the Kerala Conservation of Paddy Land and Wetland Act to consider the application in accordance with law within three months.

What the court decided

AI extract

Muhammed Kunju C a, Vs the District Collector — Land Acquisition | Kerala HC (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 P.M.MANOJ

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FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946

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WP(C) NO. 21996 OF 2024

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PETITIONERS:

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MUHAMMED KUNJU C A,
AGED 47 YEARS

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S/O. ALIYAR, CHIRAYIKKATTU HOUSE,
SOUTH VAZHAKULAM, VAZHAKULAM,
ERNAKULAM, PIN - 683105

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BY ADVS.
FARHANA K.H.
MUHASIN K.M.

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RESPONDENTS:

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1THE DISTRICT COLLECTOR,
FIRST FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030

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2 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, PIN - 686673

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3 THE TAHSILDAR,

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KUNNATHUNAD TALUK OFFICE,POOPANI ROAD, PERUMBAVOOR,
KUNNATHUNAD,ERNAKULAM, PIN - 683543

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4 THE AGRICULTURAL OFFICER, VENGOLA KRISHI BHAVAN, PERUMBAVOOR - PUTHENKURISH ROAD, VENGOLA, ERNAKULAM, PIN - 683556

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5THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033

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R1-R4 BY ADV.SMT.DEVISHRI.R, GOVERNMENT PLEADER
R5 BY ADV. SRI. VISHNU S, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21996 OF 2024

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JUDGMENT

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Dated this the 19^th day of July, 2024

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The writ petition is preferred being aggrieved by the delay in considering Ext.P3 application in From 5 for deleting the property from the data bank.

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It is stated that the petitioner is the absolute owner and is in possession of an extent of 3.64 Ares of land comprised in Survey No. 2/6-2-2 in Arakkappady Village, Kunnathunad Taluk of Ernakulam District. The property is mentioned as ‘Nilam’ in the revenue records and is also included in the data bank even though the property was converted much before 2008.

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In the said circumstances, the petitioner preferred Ext.P3 application in Form 5 for deleting the entry from the data bank.

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I have heard the counsel for the petition and the learned Government Pleader.

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WP(C) NO. 21996 OF 2024

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The limited prayer in the Writ Petition is to consider and pass orders on Ext.P3 within a stipulated time.

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Going by the limited prayer in the Writ Petition, I deemed it appropriate to direct the 4^th respondent Agricultural OfÏcer to submit a report with respect to the property mentioned in the Writ Petition and file a report to the 2^nd respondent or the designated OfÏcer under Section 2(xv A) of the Kerala Conservation of Paddy Land and Wetland Act, 2008. In the event of receipt of such report from the 4^th respondent, there will be a direction to the designated OfÏcer to pass and consider appropriate orders in accordance with law within a further period of three months thereafter.

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The Writ Petition is disposed of accordingly.

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Sd/P.M.MANOJ JUDGE

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SPV

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WP(C) NO. 21996 OF 2024

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APPENDIX OF WP(C) 21996/2024

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PETITIONER’S EXHIBITS:

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EXHIBIT P1TRUE COPY OF THE TAX RECEIPT DATED
13.04.2023
EXHIBIT P2TRUE COPY OF THE RELEVANT PAGES OF
DATA BANK
EXHIBIT P3TRUE COPY OF THE FORM 5 APPLICATION
DATED 23.03.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4TRUE COPY OF THE RECEIPT DATED
23.03.2024 EVIDENCING THE PAYMENT OF
FEE FOR FORM 5 APPLICATION

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RESPONDENTS’ EXHIBITS:NIL

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//TRUE COPY//

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PA TO JUDGE

Muhammed Kunju C a, v. the District Collector

Case brief

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What the court decided

Muhammed Kunju C a, v. the District Collector

Case brief

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