Kerala High Court
Radha vs The Kunnukara Grama Panchayath on 18 April, 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
WEDNESDAY, THE 7TH DAY OF DECEMBER 2016/16TH AGRAHAYANA, 1938
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 PANCHAYTH
(CONSTITUTED UNDER ACT 28 OF 2008),
REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
OFFICER, KRISHIBHAVAN, KUNNUKARA, KUNNUKARA P.O,
PIN 683 579, ERNAKULAM DISTRICT.
..2/-
..2..
WP(C).No. 38767 of 2016 (U)
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4. THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI 682 001.
R3 & R4 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 38767 of 2016 (U)
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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 PETITIONERS' 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.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
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