Remanded

Jabir V.B v. the Revenue Divisional Officer

Kerala HC19 Jul 2024WP(C)/25873/2024

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Revenue Divisional Officer to consider the petitioner's application for Data Bank removal within two months after receiving a mandatory report from the Agricultural Officer regarding the land's present use.

What did the court decide?

Directing the 2nd respondent Agricultural Officer to submit a report within two months, after which the 1st respondent shall consider the Ext.P4 application and pass orders.

Jabir V.B Vs the Revenue Divisional Officer — Municipal and Town Planning | 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
WP(C) NO. 25873 OF 2024

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PETITIONER/S:

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JABIR V.B
AGED 26 YEARS
S/O BASHEER, RESIDING AT J.R.M. HOUSE, JAMSHEER MANZIL,
MEPPARAMBA, PALAKKAD, PIN - 678006
BY ADVS.
T.C.SURESH MENON
B.DEEPAK

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RESPONDENT/S:

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1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, PIN - 678001

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2 THE AGRICULTURAL OFFICER KRISHI BHAVAN, PIRAYIRI, PALAKKAD, PIN - 678019

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3 THE VILLAGE OFFICER PIRAYIRI VILLAGE OFFICE, PIRAYIRI P.O., PALAKKAD, PIN – 678019

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SMT. AMMINIKUTTY K., SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 25873 OF 2024

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-2-

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JUDGMENT

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This writ petition is preferred being aggrieved by the delay occurred in considering Ext.P4 application in Form 5.

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It is stated that petitioner holds a parcel of land comprising of 0.0176 hectare comprising in Sy.No.396/8-1 of Pirayiri Village, Palakkad Taluk. The petitioner intends to construct a residential building in the said property, however, the property is included in the data bank maintained by the Pirayiri Grama Panchayat.

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The learned Counsel for the petitioner submits that the predecessor-in-interest of the petitioner had obtained Ext.P2 order from the 1^st respondent under the Kerala Conservation of Paddy Land and Wet Land Act, 2008, to utilize the land for construction purposes. However could not carry out the construction due to financial constraints.

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The aforementioned property was purchased by the petitioner for constructing a residential building. When the petitioner approached the Panchayat for building permit, it is informed that the building permit cannot be granted as the property

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WP(C) NO. 25873 OF 2024

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is included in the Data Bank. Under such circumstances, petitioner preferred Ext.P4, Form 5 application. Now, the petitioner seeks a direction to the 1^st respondent to consider Ext.P4 application submitted by the petitioner on the strength of Ext.P2 order issued by the 1^st respondent to the predecessor-in-interest of the petitioner.

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I have heard Sri. T.C.Suresh Menon, the learned Counsel appearing for the petitioner and the learned Senior Government Pleader for the respondents.

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On consideration of the limited prayer sought for in the writ petition, I am of the considered opinion that Ext.P4 application is to be considered by the 1^st respondent after obtaining a report from the 2^nd respondent Agricultural Officer. Accordingly, there will be a direction to the 2^nd respondent Agricultural Officer to submit a report before the 1^st respondent with respect to the property in question within a period of two months from the date of receipt of a copy of this judgment. In the event of receipt of the said report from the 2^nd respondent, the 1^st respondent shall consider and pass orders on Ext.P4 application, on the strength of Ext.P2 order, within a

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WP(C) NO. 25873 OF 2024

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-4-

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period of two months thereafter.

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The writ petition is disposed of accordingly.

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Sd/-

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P.M.MANOJ
JUDGE

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20.07.2024

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WP(C) NO. 25873 OF 2024

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APPENDIX OF WP(C) 25873/2024

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PETITIONER EXHIBITS
Exhibit-P1TRUE COPY OF THE LATEST LAND TAX
RECEIPT FOR THE YEAR 2023-2024, DATED
5.1.2024.
Exhibit-P2TRUE COPY OF THE ORDER NO.T.A.
(7)13932/17PASSEDBYTHE1ST
RESPONDENT, DATED 28.2.2019.
Exhibit-P3TRUECOPYOFTHERECEIPT
NO.1240201705/G090707 ISSUED BY THE
PIRAYIRI GRAMA PANCHAYATH, DATED
11.6.2024.
Exhibit-P4TRUE COPY OF THE APPLICATION IN FORM
NO.5 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT, DATED 3.2.2024.
Exhibit-P5TRUE COPY OF THE RECEIPT EVIDENCING THE
PAYMENT OF THE REQUISITE FEE TO EXT.P4,
DATED 3.2.2024.

Jabir V.B v. the Revenue Divisional Officer

Case brief

What is this about?

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Jabir V.B v. the Revenue Divisional Officer

Case brief

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