Kerala High Court
E.K.Abdhul Khadhar vs State Of Kerala on 20 July, 2016
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 30TH DAY OF JUNE 2017/9TH ASHADHA, 1939
WP(C).No. 21590 of 2017 (W)
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PETITIONER:
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E.K.ABDHUL KHADHAR,
S/O LATE E.K.MUHAMMAD MUSALIYAR, PALIYIL HOUSE,
PARAMBIL DESAM, KARUVATTOOR VILLAGE,
KOZHIKODE DISTRICT, PIN-673012.
BY ADV. SRI.M.G.SREEJITH
RESPONDENT(S):
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1.STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2.LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
KARUVATTOOR, KOZHIKODE DISTRICT, PIN-673012.
3.THE AGRICULTURAL OFFICER,
KARUVATTOOR VILLAGE, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, PIN-673012.
BY GOVERNMENT PLEADER SMT VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 21590 of 2017 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF TAX RECEIPT ISSUED BY THE VILLAGE
OFFICER, KARUVATTUR.
EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE
DATED 20.07.2016 ISSUED BY THE VILLAGE OFFICER
KARUVATTOR.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF THE DATA BANK
REGISTER DATED 20.06.2017.
EXHIBIT P4 ORIGINAL PHOTOGRAPHS OF DRY LANDS.
EXHIBIT P5 TRUE COPY OF APPLICATION DATED 13.11.2016 FILED BY
THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.S.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
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W.P.(C) No. 21590 of 2017 (W)
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Dated: 30th June, 2017
J U D G M E N T
The petitioner is aggrieved with the fact that the land, owned by the petitioner, having an extent of 76.31 Ares, comprised in Re-Survey No.40 of Karuvattoor Village, is shown as 'nilam' in the village records and basic tax register. The said property of the petitioner is said to be included in the data bank prepared under Section 28 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner filed Ext.P5 application, before the 2nd respondent, which is pending consideration. The prayer of the petitioner is to direct the Local Level Monitoring Committee, the 2nd respondent herein, to consider and dispose of Ext.P5 application within a reasonable time. W.P.(C) No. 21590/2017 -2-
2. In such circumstance, the 2nd respondent is directed to consider the request under the amendment G.O.(P) No.34/2017/Revenue dated 30.05.2017 for removing the property from the data bank 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 and with report received from the Kerala State Remote Sensing and Environment Center (KSREC), if the application is filed in original and pending before the authority.
3. The petitioner shall produce a copy of the writ petition before the Agricultural Officer, the Convener of the Local Level Monitoring Committee, along with the copy of the Field Measurement Book and Survey and Sub-division numbers with respect to the property obtained from the concerned Village Officer. The W.P.(C) No. 21590/2017 -3- Agricultural Officer, shall seek a report of the lie and nature of the property as it remained on the date of coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, from the Director, Kerala State Remote Sensing and Environment Center (KSREC), Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala 695 033. On the direction of the Agricultural Officer so to do, the petitioner shall remit the required fees in the name of the petitioners, C/o. the concerned Agricultural Officer (showing the full address) before the KSREC for obtaining such report and produce such receipt before the Agricultural Officer. The Agricultural Officer shall then obtain the report and map from the KSREC, who shall issue the same on the strength of the receipt produced by the Agricultural Officer. The Agricultural Officer, on receipt of the report, shall require the LLMC to conduct physical inspection of the W.P.(C) No. 21590/2017 -4- property and then the LLMC shall consider the application at Ext.P5 in accordance with law. If the LLMC permits it, the petitioner also could then take up appropriate proceeding before the Revenue Divisional Officer/District Collector to obtain conversion of user under Clause (6) of the Kerala Land Utilization Order, 1967.
The writ petition is disposed of as above. No costs.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 30/6/17