Chandrika Vs. the Local Level Monitering Committee

Chandrika vs The Local Level Monitering Committee

Type Court Judgment Court Kerala Decided Sep 04, 2013

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https://sooperkanoon.com/case/1088698

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Citation: sooperkanoon.com/1088698
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Sep 04, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Chandrika

Respondent

The Local Level Monitering Committee

Excerpt

.....to be considered and disposed of within a reasonable time.2. heard the learned government pleader as well, who submits that the understanding of the petitioners as to the power of the revenue authorities to effect necessary corrections is not fully correct and that the enabling provision under the klu is to deal with the matter, when the property is not a 'paddy land' or 'wet land' and to grant necessary permit to make use of the property for other purposes, if a proper application is filed in this regard.3. in view of the limited nature of the relief sought for in these writ petitions to cause the applications preferred before the first respondent to be considered, this court does not find it necessary to go into any other aspects. accordingly, these writ petitions are disposed of, directing the first respondent to consider and pass appropriate orders on ext.p2 preferred by the petitioners. appropriate orders shall be passed after conducting spot inspection with notice to the parties concerned and after hearing them; at the earliest, at any rate, w.p.(c)no.21953/2013 & 21965/2013 3 within 'six weeks' from the date of receipt of a copy of this judgment. the petitioners shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. p.r.ramachandra menon judge sv. w.p.(c)no.21953/2013 & 21965/2013 4

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE4H DAY OF SEPTEMBER201313TH BHADRA, 1935 WP(C).No. 21953 of 2013 (T) ---------------------------- PETITIONER : -------------------------- CHANDRIKA, AGED63YEARS, D/O. KARTHIYANI AMMA, PEREPARAMBIL HOUSE, THEKKENADA, VAIKOM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADVS.SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): ---------------------------- 1. THE LOCAL LEVEL MONITORING COMMITTEE, VAIKOM MUNICIPALITY, KOTTAYAM DISTRICT, REPRESENTED BY THE CONVENER, THE AGRICULTURAL OFFICER, VAIKOM - 696 141, KOTTAYAM DISTRICT.

2. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VAIKOM - 696 141, KOTTAYAM DISTRICT.

3. THE TAHSILDAR, VAIKOM - 696 141, KOTTAYAM DISTRICT.

4. THE REVENUE DIVISIONAL OFFICER, PALA-686 575, KOTTAYAM DISTRICT.

5. THE DISTRICT COLLECTOR, KOTTAYAM.PIN-686 002 R1 TO R5 BY SR GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0409-2013,ALONG WITH WP(C)NO.21965 OF2013 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 21953 of 2013 (T) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK ENTRY. EXHIBIT-P2- TRUE COPY OF THE APPLICATION DATED0107/2013 SUBMITTED BEFORE THE IST RESPONDENT. EXHIBIT-P3- TRUE COPY OF THE RECEIPT DATED0107/2013 EVIDENCING THE ACCEPTANCE OF EXT-P2. EXHIBIT-P4- TRUE COPY OF THE LETTER DATED0107/2013 SUBMITTED BEFORE THE2D RESPONDENT. EXHIBIT-P5- TRUE COPY OF THE JUDGMENT

DATED0706/2013 IN W.P(C) 24568/2012 PASSED BY THIS HON'BLE COURT. EXHIBIT-P6- TRUE COPY OF THE JUDGMENT

- - - - - - - - - - - - - - - - - - - - - W.P.(c) Nos.21953 & 21965 OF2013- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2013 JUDGMENT

The petitioners in these cases are the owners of different extents of land comprised in the concerned survey numbers in the concerned villages. The case of the petitioners is that the properties are not 'paddy lands' or 'wet lands' as defined under Section 2 ( xii) or 2 ( xviii) of Act 28 of 2008, which according to the petitioners are reclaimed lands ( 'Nilam Nikathu properties'). The contention of the petitioners is that, in view of the adverse entries showing the properties as 'Nilam' in the BTR/Thandapper Register, the petitioners approached the concerned authority for effecting necessary changes . But the petitioners were advised that, only after getting necessary entries corrected in the 'Data Bank Register' by approaching the Local Level Monitoring Committee, that the matter could be considered by the revenue authorities. It is in the said circumstances, that the petitioners have approached the first respondent by filing necessary applications, W.P.(C)No.21953/2013 & 21965/2013 2 as borne by Ext.P2. The prayer is only to cause the same to be considered and disposed of within a reasonable time.

2. Heard the learned Government Pleader as well, who submits that the understanding of the petitioners as to the power of the revenue authorities to effect necessary corrections is not fully correct and that the enabling provision under the KLU is to deal with the matter, when the property is not a 'paddy land' or 'wet land' and to grant necessary permit to make use of the property for other purposes, if a proper application is filed in this regard.

3. In view of the limited nature of the relief sought for in these writ petitions to cause the applications preferred before the first respondent to be considered, this Court does not find it necessary to go into any other aspects. Accordingly, these writ petitions are disposed of, directing the first respondent to consider and pass appropriate orders on Ext.P2 preferred by the petitioners. Appropriate orders shall be passed after conducting spot inspection with notice to the parties concerned and after hearing them; at the earliest, at any rate, W.P.(C)No.21953/2013 & 21965/2013 3 within 'six weeks' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.21953/2013 & 21965/2013 4

Same Court & Year Kerala · 2013 Same Parties Chandrika vs The Local Level Monitering Committee Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.R.Ramachandra Menon