SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

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.

5

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

2

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/

4

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.

5

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top