Kerala High Court
K.S.Joshy vs State Of Kerala on 25 January, 2012
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938
WP(C).No. 35837 of 2016 (D)
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PETITIONER:
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K.S.JOSHY,AGED 63 YEARS,
S/O.LATE SANKUTTY,
RESIDING AT FLAT NO.2C, LOTUS APARTMENT,
DURBAR HALL ROAD, KARITHALA DESOM,
ERANKULAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN:682 016.
BY ADVS.SRI.PEEYUS A.KOTTAM
SRI.BLESSON GEORGE
SRI.M.I.MUHAMMED MUSTHAFA
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
ANNEX, TRIVANDRUM 695 001.
2. THE DISTRICT COLLECTOR,
ALAPPUZHA, CIVIL STATION,
ALAPPUZHA, PIN: 688 654.
3. THE REVENUE DIVISIONAL OFFICER,
ALAPPUZHA DISTRICT,
PIN: 688 654.
BY GOVERNMENT PLEADER SRI SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 35837 of 2016 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 A TRUE COPY OF THE LETTER DATED 25/1/2012 ISSUED BY
THE AGRICULTURAL OFFICER TO THE PETITIONER.
EXT.P2 A TRUE COPY OF THE CERTIFICATE DATED 14/5/2013 ISSUED
BY THE VILLAGE OFFICER, KOKKOTHAMANGALAM TO THE
PETITIONER.
EXT.P3 A TRUE COPY OF THE REPRESENTATION DATED 25/10/2016
SUBMITTED BY THE PETITIONER BEFORE 2ND AND 3RD
RESPONDENTS.
EXT.P4 A TRUE COPY OF THE POSTAL RECEIPTS DATED 27/10/2016
EVIDENCING DISPATCH OF REPRESENTATION.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
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W.P.(C) No.35837of 2016 - D
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Dated this the 08th day of November, 2016
J U D G M E N T
The petitioner is aggrieved with the fact that the land, purchased by the petitioner, having an extent of 139.56 ares (3 acres and 45 cents), as per thandapper Nos. 21899, 22003, 23261, 24439 of Kokkothamangalam Village, is shown as nilam in the village records and basic tax register. The said property of the petitioner was not included in the draft data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is submitted that there are grown up and yielding coconut trees and various other types of tress in the said property and the nearby properties are also residential property. The above said properties are not fit for any cultivation and there was no paddy cultivation or any other cultivation in the said properties for the past more than 40 years, is the contention raised.
2 W.P.(C) No.35837 2016 - D
2. The petitioner filed Ext.P3 application, before the 2nd and 3rd respondents, which is pending consideration. The prayer of the petitioner is to direct the Revenue Divisional Officer, the 3rd respondent herein, to consider and dispose of Ext.P3, within a reasonable time.
3. Since the land itself has not been included in the draft data bank, but the description is shown as 'nilam' in the Basic Tax Register (B.T.R), it is only proper that a report is received from the Agricultural Officer before consideration of Ext.P3 application by the 3rd respondent. In such circumstance, the petitioner is directed to approach the Agricultural Officer after remitting the amounts for receipt of satellite map and report of the property as on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'Paddy Land Act) from the Kerala State Remote Sensing and Environment Center, (KSRSEC), Vikas Bhavan- C-Block, Thiruvananthapuram, Kerala 695 033. The amount 3 W.P.(C) No.35837 2016 - D shall be paid in the name of the petitioner C/o. the concerned Agricultural Officer (with full address) before the K.S.R.S.E.C) and the copy of the receipt shall be produced before the Agricultural Officer, who shall then, make an application for the satellite map and report, which shall be forwarded by the K.S.R.E.C to the concerned Agricultural Officer. The report of the Agricultural Officer, along with the satellite map and report forwarded by the K.S.R.S.E.C shall be forwarded to the 3rd respondent and the 3rd respondent shall then issue notice to the petitioner and consider the application, within a period of two months from the date of receipt of the report of the Agricultural Officer. The petitioner is also directed to produce a copy of the writ petition before the Agricultural Officer.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB/08/11/2016 // true copy // P.A to Judge