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2016 Supreme(Ker) 844

A.MUHAMED MUSTAQUE
Kuriachan M. M. – Appellant
Versus
District Collector Civil Station, Kakkanad, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt. V.J. Ruby, Smt. V.K. Reeba
For the Respondents: Sri. Biju Meenattoor, Sri. T.R. Rajan, Sri. Peeyus A. Kottam

JUDGMENT :

These writ petitions are related to reclamation of a paddy land situated in Resurvey No.421/5 of Maradu Village.

2. W.P.(C).No.32992/2015 is filed by a contractor (hereinafter referred to as the “vehicle owner”) on account of seizure of his vehicle bearing registration No.KL-40-F-1336 for carrying out a construction in the aforesaid paddy land. W.P.(C).No.1192/2016 is filed by the land owner challenging inclusion of the land in the Draft Data Bank.

3. There are no disputes regarding certain facts stated hereunder:

Originally, the land was not included in the Data Bank prepared in the year 2010. The land owner applied before the Municipality for construction of a godown. The Municipality requested the Tahsildar to know about the status of the land. The Additional Tahsildar, Kanayannur Taluk by communication dated 06/07/2013, reported to the Municipality that though the land is classified as nilam in the village records, it now remains as converted land. The Municipality, thereafter, granted a building permit to the land owner. The building permit was issued on 30/07/2013. The land owner thereafter undertook construction of the godown.

4. However, the data bank has been revised
















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