Geogy George vs The Local Level Monitoring ...
2021 Latest Caselaw 11395 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9120 OF 2021(L)


PETITIONER:

               GEOGY GEORGE
               AGED 56 YEARS
               S/O K.J GEORGE, KOTTUKAPPILLY HOUSE, KUNNUMPURAM,
               KALPATHY PO., PIN CODE 678003, PALAKKAD DIST.

               BY ADVS.
               SRI.JACOB SEBASTIAN
               SRI.K.V.WINSTON
               SMT.ANU JACOB

RESPONDENTS:


      1        THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
               PALAKKAD MUNICIPALITY CONSTITUTED UNDER THE
               CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008,
               REP. BY ITS CONVENER, THE AGRICULTURAL OFFICER,
               PALAKKAD MUNICIPALITY, PALAKKAD HEAD POST OFFICE,
               PALAKKAD DIST. PIN - 678001.


      2        THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE
               REVENUE DIVISIONAL OFFICER, PALAKKAD HEAD POST
               OFFICE, PALAKKAD DISTRICT, PIN 678 001.

      3        THE ADDL. TAHSILDAR, TALUK OFFICE, CIVIL STATION,
               PALAKKAD HEAD POST OFFICE,
               PALAKKAD DISTRICT - 678 001.

      4        THE VILLAGE OFFICER, PALAKKAD-3 VILLAGE, PALAKKAD-3
               VILLAGE OFFICE, PUTHUR ROAD, KOPPAM, PALAKKAD HEAD
               POST OFFICE, PALAKKAD DIST.- 678001.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
                W. P. (C) No.9120 of 2021
           ==================
            Dated this the 8th day of April, 2021

                          JUDGMENT

On the strength of an order passed for

conversion of property under Clause-6(2) of the

Kerala Land Utilization Order, the petitioner has

filed an application as Ext.P5 before the third

respondent in Form-A seeking re-assessment of tax

and for making necessary entries in the revenue

records. The property in question is not included

in the data bank published under the Kerala

Conservation of Paddy land and Wetland Act 2008,

contends the petitioner.

2. The writ petition is disposed of directing

the third respondent to consider Ext.P5 application

on verification of the relevant records, including

the order under Kerala Land Utilization Order and

the data bank, ascertain regarding the identity of

the property, and pass appropriate orders thereon

as expeditiously as possible and at any rate within

a period of four months from the date of receipt of W. P. (C) No.9120 of 2021

a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.9120 OF 2021(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.55256939 RELATING TO THE PLOT (0.0449 HECTORS/11.09 CENTS OF LAND) DATED 18 MARCH 2021 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.55256942 RELATING TO THE PLOT (0.0289 HECTORS/7.14 CENTS OF LAND) DATED 18 MARCH 2021 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE KLU ORDER NO.1552/2006 DATED APRIL 21, 2006 ISSUED BY THE SECOND RESPONDENT IN THE NAME OF THE PETITIONER FOR THE PROPERTY COVERED IN EXT.P1.

EXHIBIT P4 A TRUE COPY OF THE KLU ORDER NO.1553/2006 DATED APRIL 21, 2006 ISSUED BY THE SECOND RESPONDENT IN THE NAME OF THE PETITIONER FOR THE PROPERTY COVERED IN EXT.P2.

EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE LAND DATA BANK CONCERNING THE PLOT PUBLISHED IN THE GAZETTE DATED AUGUST 31, 2019.

EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED MARCH 20, 2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE RECEIPT DATED MARCH 20, 2021 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT ACKNOWLEDGING RECEIPT OF EXHIBIT P6.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED DECEMBER 16, 2020 IN WPC NO.26007/2020 OF THIS HON'BLE COURT.

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