Sirajudheen vs District Collector on 30 October, 2018

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Kerala High Court

Sirajudheen vs District Collector on 30 October, 2018

Bench: Shaji P.Chaly

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940

                         WP(C).No. 35256 of 2018



PETITIONER/S:


                SIRAJUDHEEN,AGED 33 YEARS
                THALAKKOTT HOUSE, PANNIKOTTOOR P.O, KODUVALLY -VIA,
                KOZHIKODE DISTRICT, PIN-673572.

                BY ADV. SRI.BABU JOSEPH KURUVATHAZHA


RESPONDENT/S:
       1      DISTRICT COLLECTOR,
              CIVIL STATION, KOZHIKODE 673 020

      2         REVENUE DIVISIONAL OFFICER,
                CIVIL STATION, KOZHIKODE 673 020

      3         LOCAL LEVEL MONITORING
                COMMITTEE OF NARIKKUNI VILLAGE,
                REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER,
                KRISHI BHAVAN, NARIKKUNI, NARIKKUNI P.O.,
                KOZHIKODE DISTRICT, 673585

      4         NARIKKUNI GRAMA PANCHAYAT,
                NARIKKUNI P.O.,
                KOZHIKODE DISTRICT,
                673585, REPRESENTED BY ITS SECRETARY


                BY SR GOVERNMENT PLEADER SRI. P.M. MANOJ


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No. 35256 of 2018
                                          2


                                    JUDGMENT

Petitioner is the owner of an extent of 12 Ares of property situate in Resurvey No.17/2 of Narikkuni Village, Thamarassery Taluk, Kozhikode District. According to the petitioner, the property was included in the data bank constituted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, which was removed as per Ext.P4 order passed by the LLMC. Thereafter, petitioner has submitted Ext.P5 application before the second respondent seeking permission for utilization of the property for different purposes other than paddy cultivation and agricultural operations, seeks direction for early disposal of the same.

2. Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the second respondent to finalise the proceedings pertaining to Ext.P5, verifying the authenticity of the submission that the property is removed from the data bank as per Ext.P4 and also taking into account the parameters and stipulations WP(C).No. 35256 of 2018 3 contained under Section 27A of Act, 2008 as amended by Act, 2018, at the earliest, and at any rate, within 4 months from the date of receipt of a copy of this judgment.

Writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE WP(C).No. 35256 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO 791/2016 DATED 25.2.2016 OF THE SUB REGISTRY, NARIKKUNI OF KOZHIKODE DISTRICT EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 4.8.2017 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE DIRECTION DATED 6.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING OF THE 3RD RESPONDENT DATED 11.4.2018 EXHIBIT P5 TRUE TYPED COPY OF THE APPLICATION DATED 10.9.2018 SUBMITTED BEFORE THE 2ND RESPONDENT dlk/31/10/18

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