Kerala High Court
Radha vs The Kunnukara Grama Panchayath on 18 April, 2016
Author: K. Vinod Chandran
Bench: P.B.Suresh Kumar, K. Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 30TH DAYOF OCTOBER 2017/8TH KARTHIKA, 1939
WP(C).No. 38767 of 2016 (U)
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PETITIONER(S):
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1. RADHA,
AGED 70 YEARS, W/O LATE PRATHAPAN,
VILLAMPARAMBIL HOUSE, MADAPLATHURUTHU,
MOOTHAKUNNAM, NORTH PARAVOOR,
ERNAKULAM DISTRICT.
2. PREM LAL,
AGED 44 YEARS, S/O LATE PRATHAPAN,
VILLAMPARAMBIL HOUSE, MADAPLATHURUTHU,
MOOTHAKUNNAM, NORTH PARAVOOR,
ERNAKULAM DISTRICT.
3. MAHENDRA LAL,
AGED 43 YEARS, S/O LATE PRATHAPAN,
VILLAMPARAMBIL HOUSE, MADAPLATHURUTHU,
MOOTHAKUNNAM, NORTH PARAVOOR,
ERNAKULAM DISTRICT.
BY ADVS.SRI.GEORGE SEBASTIAN,
SMT.LIZZ MARIYA ABRAHAM.
RESPONDENT(S):
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1. THE KUNNUKARA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, KUNNUKARA P.O,
PIN -683 579, ERNAKULAM DISTRICT.
2. THE SECRETARY,
KUNNUKARA GRAMA PANCHAYATH,
KUNNUKARA P.O,PIN- 683 579, ERNAKULAM DISTRICT.
3. THE LOCAL LEVEL MONITORING COMMITTEE OF
THE KUNNUKARA GRAMA PANCHAYATH,
(CONSTITUTED UNDER ACT 28 OF 2008),
REPRESENTED BY ITS CONVENER,
THE AGRICULTURAL OFFICER, KRISHIBHAVAN,
KUNNUKARA, KUNNUKARA P.O, PIN- 683 579,
ERNAKULAM DISTRICT.
WP(C).No. 38767 of 2016 (U)
4. THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI- 682 001.
R1 & R2 BY ADV. SRI.BABU CHERUKARA.
R3 & R4 BY SR. GOVT. PLEADER SRI.SANTHOSH PETER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-10-2017, ALONG WITH WP(C).NO.27569 OF 2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
rs.
WP(C).No. 38767 of 2016 (U)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18-04-2016.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 30-11-2016 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 A PHOTOGRAPH OF THE PETITIONER'S PROPERTY.
EXHIBIT P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK
SHOWING THE CLASSIFICATION OF THE PETITIONER'S PROPERTY.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 01-12-2016
SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 01-12-2016
SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P7 COPY OF THE RECEIPT DATED 09/08/2017 ISSUED FROM THE
OFFICE OF THE CONVENER OF THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. VINOD CHANDRAN, J.
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W.P.(C) No. 38767 of 2016 (U)
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Dated: 7th December, 2016
J U D G M E N T
The only prayer made by the petitioner is for consideration of Ext.P5 application filed before the Local Level Monitoring Committee.
2. In such circumstance, if the Draft Data Bank is not already notified, the respondent is directed to consider the request, within a period of two months from the date of receipt of a certified copy of this judgment, after conducting site inspection and ascertaining the nature of land as on the date of enforcement of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is made clear that this Court has not made any observation on merits, which W.P.(C) No. 38767/2016 -2- the 3rd respondent will consider, in accordance with law.
Writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 7/12/16