Kerala High Court
Dr. V.K.Abdul Hameed vs State Of Kerala on 24 April, 1996
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY,THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
WP(C).No. 1031 of 2016 (D)
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PETITIONER(S) :
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1. DR. V.K.ABDUL HAMEED
FLAT NO.D12, ASOKA APARTMENTS, MARINE DRIVE
ERNAKULAM.
2. LAILA HAMEED
FLAT NO.D12, ASOKA APARTMENTS, MARINE DRIVE
ERNAKULAM.
BY ADVS.SMT.K.P.SANTHI
SRI.R.JAYAKRISHNAN (MUTHUKULAM)
SMT.V.SHARMILA
SMT.I.J.ANIE
SMT.E.U.DHANYA
RESPONDENT(S) :
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
2. LOCAL LEVEL MONITORING COMMITTEE
CHERANALLOOR KRISHI BHAVAN,
ERNAKULAM - 683 544.
R1 & R2 BY GOVT. PLEADER SMT.C.K. SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-01-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...2/-
WP(C).No. 1031 of 2016 (D)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXT. P1 - TRUE COPY OF THE ORDER DATED 24.4.1996 OF THE REVENUE
DIVISIONAL OFFICER, FORTKOCHI.
EXT. P2 - TRUE COPY OF THE ORDER DATED 19.2.2009 OF THE DISTRICT
COLLECTOR, ERNAKULAM.
EXT. P3 - TRUE COPY OF THE CERTIFICATE DATED 14.10.2011 ISSUED BY
GREATER COCHIN DEVELOPMENT AUTHORITY.
EXT. P4 - TRUE COPY OF THE APPLICATION DATED 23.12.2015 SUBMITTED TO
THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
Mn
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.1031 of 2016
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Dated this the 12th day of January, 2016
JUDGMENT
The petitioners claim to be the owner and in possession of an extent of 40.49 ares of land comprised in Resurvey Nos.464/10, 465/2 of Cheranalloor Village, Kanayannur Taluk, Ernakulam District. The petitioners submit that the above land is erroneously included in the Data Bank. According to the petitioners, it is a dry land and it was converted much before the enactment of the Act 28 of 2008.
2. The petitioners have approached the Local Level Monitoring Committee by Exhibit P4 to correct the entry in Draft Data Bank.
3. This Court is of the view that appropriate steps shall be taken by the Local Level Monitoring Committee on Exhibit P4. The Local Level Monitoring Committee shall find W.P.(C).No.1031 of 2015 2 out whether the land in question can be classified as paddy land or nilam or wetland as on the date of the enactment of the Act 28 of 2008. If it cannot be classified either as Paddy land or nilam or wetland, necessary correction shall be carried out in the Draft Data Bank. Needful shall be done within two months from the date of receipt of a copy of this judgment. It is made clear that this exercise shall be made by the Local Level Monitoring Committee if the Draft Data Bank is not finally notified.
The writ petition is disposed of as above. No costs.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bpr