2018 Supreme(Online)(KER) 60853
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940
WP(C).No. 34732 of 2018
PETITIONER/S:
SOBHANA .L
AGED 51 YEARS
W/O MOHANAN, MAYURAM, KIZHUMURI.P.O, PULASSERY,
VIA.PALAKKAD DISTRICT, PIN-679307
BY ADVS.
SRI.V.MADHUSUDHANAN
SRI.T.ISSAC
RESPONDENT/S:
1
THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM, PALAKKAD DISTRICT-679 101
2
THE TAHSILDAR (LAND RECORDS)
PATTAMBI, PALAKKAD DISTRICT-679303.
3
THE VILLAGE OFFICER
KOPPAM, PALAKKAD DISTRICT-679101.
4
THE CONVENER OF LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY AGRICULTURAL OFFICER, OFFICE OF THE
AGRICULTURAL OFFICER, KOPPAM, PALAKKAD DISTRICT-
679101.
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THE KOPPAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, KOPPAM, PALAKKAD
DISTRICT-679101.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34732 of 2018
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Petitioner is the absolute owner and in possession of 7.82
Ares of property, situate in Re-Survey No.297/4, Koppam Village,
Pattambi Taluk. According to the petitioner, since the property was
remaining as garden land, petitioner has carried out construction
of a residential building, thereafter submitted application for
numbering the building. Petitioner was confronted with Ext.P6
order dated 3.1.2018, stating that since the property is remaining
in the revenue records as well as BTR as paddy field, in accordance
with the directions issued by the State Government, the numbering
cannot be done. Realising the situation, petitioner has submitted
Exts.P11 before the 4th respondent seeking removal of the property
from the data bank and Ext.P9 application before the 1st
respondent seeking permission for utilisation of the property for
other purposes other than paddy cultivation and agricultural
operations.
2.
Having heard learned Counsel for the petitioner and the
learned Government Pleader, there will be a direction to the 4th
respondent, to finalise the proceedings pertaining to Ext.P11, in
accordance with law, at the earliest and at any rate within three
3
months from the date of receipt of a copy of this judgment. If the
petitioner is able to secure an enabling order is is directed above,
Ext.P9 application shall be considered by the 1st respondent, in
accordance with law, at the earliest and at any rate within three
months from the date of receipt of a copy of the order from the
Local Level Monitoring Committee. If the petitioner is producing
necessary orders as is directed above, Ext.P5 application
submitted by the petitioner shall be considered in accordance with
law, also taking into account any orders produced by the petitioner
as directed above,
The writ petition is is disposed of accordingly.
Sd/
SHAJI P.CHALY
JUDGE
Jm/
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE SALE DEED DATED 6.1.2000
EXECUTED BY THE PARENTS OF THE PETITIONER IN
FAVOUR OF HER.
EXHIBIT P2
TRUE COPY OF THE RELEVANT PORTION OF THE
DOCUMENT TO SHOW THAT THE PROPERTY OF THE
PETITIONER IS INCLUDED IN THE DATA BANK.
EXHIBIT P3
TRUE COPY OF THE RELEVANT PORTION OF THE
DECISION TAKEN BY THE LOCAL LEVEL MONITORING
COMMITTEE ON 6.12.2015.
EXHIBIT P4
TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER FOR NUMBERING THE BUILDING OF
THE PETITIONER ALONG WITH APPENDIX.
EXHIBIT P5
TRUE COPY OF THE APPLICATION DATED 1.3.2017
FOR REGULARIZATION OF THE BUILDING SUBMITTED
BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P6
TRUE COPY OF THE LETTER NO.A3.1692/17 DATED
3.1.2018 OF THE 5TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P7
TRUE COPY OF THE PETITION DATED 5.1.2018
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P8
TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD
RESPONDENT BEFORE THE 1ST RESPONDENT.
EXT.P9: COPY OF THE PETITION DATED 29.10.2018 FILED BY THE APPLICANT BEFORE THE 1SWT
RESPONDENT.
EXT.P10: COPY OF THE POSTAL RECEIPT DATED 30.10.2018.
EXT.P11: COPY OF THE APPLICATION MADE BY THE APPLICANT BEFORE THE DIRECTOR, KERALA
STATE REMOTE SENSING AND ENVIORNMENTAL CENTRE DATED 29.10.2018.
EXT.P12: COPY OF THE REQUEST MADE BY THE APPLICANT BEFORE THE DIRECTOR, KERALA
STATE REMOTE SENSING AND ENVIRONMENTAL CENTRE, DATED 29.10.2018.
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