Kerala High Court
Shyam Nandan vs Purameri Grama Panchayath on 4 October, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937
WP(C).No. 1359 of 2016 (T)
---------------------------
PETITIONER :
----------------------
SHYAM NANDAN, S/O.GOPALAN,
PUTHANPURAYIL HOUSE, PURAMERI P.O.,
PIN-673 503
BY ADVS.SRI.M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENT(S):
----------------------------
1. PURAMERI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
P.O.PURAMERI-673 503.
2. VILLAGE OFFICER,
PURAMERI VILLAGE, P.O.PURAMERI-673 503.
3. THE DISTRICT COLLECTOR,
KOZHIKODE-673 020.
BY GOVERNMENT PLEADER SMT. C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14-01-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 1359 of 2016 (T)
----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT-P1: TRUE COPY OF THE PARTITION DEED DATED 4.10.2011.
EXHIBIT-P2: TRUE COPY OF THE PERMIT DATED 13.09.2013 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT-P3: TRUE COPY OF THE ORDER DATED 03.03.2013 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 06.07.2015, IN APPEAL
NO.478/2014.
EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION DATED 06.10.2015.
EXHIBIT-P6: RELEVANT PAGE OF THE DRAFT DATA BANK DETAILS OF PURAMERI
VILLAGE ALONG WITH MAHAZAR.
EXHIBIT-P7: TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED
16.11.2015.
RESPONDENT(S)' EXHIBITS: NIL
-----------------------------------------
/TRUE COPY/
P.S.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C).No.1359/2016
~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 14th Day of January, 2016
J U D G M E N T
The petitioner is the holder of a converted paddy land. The petitioner claims that as per Ext.P6 draft data bank the land in question is converted 15 years back. Petitioner submits that there is a building existing in the land. The petitioner also submits that he is willing to regularise the land in terms of Section 3A of the Act 28 of 2008. In such circumstances, the following directions are issued:
If the petitioner makes a requisite application under Section 3A of the Act 28 of 2008, the District Collector shall consider the W.P.(C).No.1359/2016 -:2:- application of the petitioner after obtaining a report from the Agricultural Officer as to the nature of the land in question and also in the light of the directions in the judgment of this Court in W.P.(C).
No.37344/2015 and connected cases dated 21/12/2015. Needful shall be done within a period of two months from the date of receipt of the application. Once regularisation is granted, the petitioner is free to approach the Tahsildar for reassessment of the land in terms of Section 6A of the Kerala Land Tax Act, 1961. If such an application is filed, the Tahsildar shall consider the application in the light of the directions in the judgment of this Court in Kizhakkambalam Grama Panchayat v. Mariumma [2015 (2) KLT 516], within a period of two months from the date of receipt of a copy of the application. Based W.P.(C).No.1359/2016 -:3:- on the order of regularisation, the petitioner is free to utilise the land as a dry land for all practical purposes.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms