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Anand Kumar vs the State of Kerala

Anand Kumar vs The State of Kerala

Type Court Judgment Court Kerala Decided Feb 03, 2023
~5 min read
https://sooperkanoon.com/case/1334973

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/2966/2023

Parties & Advocates

Appellant / Petitioner

Anand Kumar

Respondent

The State of Kerala

Excerpt

.....advanced by the learnedcounsel for the petitioner and without expressing any view on the merits of the matter, there will be a direction to the 3 rd respondent to take up form-5 application submitted by the petitioner and to consider and pass orders on the same, in accordance with law, after considering all relevant aspects of the matter, within a period of two months from the date of receipt of a copy of this judgment. further proceedings pursuant to ext.p10 shall be kept in abeyance, till orders are passed by the revenue divisional officer as directed above. sd/- anu sivaraman judge ska wp(c) no. 2966 of 2023 5 appendix of wp(c) 2966/2023 petitioner exhibits exhibit p1 a true copy of the data bank published, and copy provided to the petitioner dated 26.6.19 exhibit p2 a true copy of the receipt for submission of form no 5 at the instance of the petitioner before the third respondent dated 27.8.21 exhibit p3 a true copy of the decision of the local level monitoring committee dated 26.10.21. exhibit p4 a true copy of the communication by the convener, local level monitoring committee, krishi bhavan, pudukkad dated 5.12.22. exhibit p5 a true copy of the sketch of the properties in question received by the petitioner dated 28.2.09. exhibit p6 a true copy of the proceedings of the district collector, thrissur dated nil. exhibit p7 a true copy of the proceedings of the r d o , thrissur dated 8.4.08 exhibit p8 a true copy of the mining permit issued by the district geologist, thrissur dated 5.4.08. exhibit p9 a true copy of the order of the r d o , thrissur dated 7.3.08 exhibit p10 a true copy of the notice received by the petitioner from the office of the second respondent dated 27.11.22. exhibit p11 a true copy of the judgment delivered by this hon'ble court reported in 2022 vol. 5 khc 90 wp(c) no. 2966 of 2023 6 deepu d vs district collector ,kollam and others dated 19.7.22 exhibit p12 a true copy of the judgment delivered inreported 2022 vol.5 klt 458.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 WP(C) NO. 2966 OF 2023 PETITIONER: ANAND KUMAR AGED 61 YEARS S/O LATE C G NARAYANAN, RESIDING IN THE ADDRESS CHAKUNGATHODIYIL HOUSE, PUDUKAD P O, THRISSUR DISTRICT, PIN - 680301 BY ADV G.SREEKUMAR (CHELUR) RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, CIVIL LINES, COLLECTORATE, AYYANTHOLE P O, THRISSUR DISTRICT, PIN - 3 REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION , IRINJALAKUDA P O, THRISSUR DISTRICT, PIN -

4 THE TALUK THASILDAR MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA P O, THRISSUR DISTRICT, PIN - 680125 5 THE VILLAGE OFFICER THORAVU VILLAGE OFFICE, THORAVU P O, THRISSUR DISTRICT, PIN - 680301 6 THE CONVENER LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN , WP(C) NO. 2966 OF 2023 2 CHENGALUR, PUDUKAD P O, THRISSUR DISTRICT, PIN - 680312 7 THE AGRICULTURAL OFFICER KRISHI BHAVAN, CHENGALUR, PUDUKAD P O, THRISSUR DISTRICT, PIN - 680312 SRI.JOSHY THANNIKAMATTAM.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2966 OF 2023 3

JUDGMENT

Dated this the 3rd day of February, 2023 This writ petition is filed seeking the following reliefs:- i) Call for the records leading to Ext P3 and P4 and may be pleased to issue a writ of Certiorari to quash the same. ii) Issue a Writ of Mandamus or any other appropriate writ

order or direction commanding the 3 rd respondent to take up the

application as reflected in Ext P2 and to consider the same within specified time limits as may be fixed by this Hon’ble court in the interest of justice. iii) Issue a Writ of certiorari to quash calling for the records relatable to Ext P10 and may be pleased to issue a writ of certiorari to quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

since the property of the petitioner stands included in the data bank, the petitioner is the owner of 84.54 Ares of land in Sy.No.413/1 of Thoravu Village, Mukundapuram Taluk, Thrissur District. It is submitted that the property is situated on the side of the National Highway-66 and that an application has been submitted by the WP(C) NO. 2966 OF 2023 4 petitioner for removal of the property from the data bank on Level Monitoring Committee has submitted Exts.P3 and P4 reports. The learned counsel for the petitioner submits that the said reports are not binding on the Revenue Divisional Officer and that the Revenue Divisional Officer has to take an independent decision on the application.

4. Having considered the contentions advanced by the learned

counsel for the petitioner and without expressing any view on the merits of the matter, there will be a direction to the 3 rd respondent to take up Form-5 application submitted by the petitioner and to consider and pass orders on the same, in accordance with law, after considering all relevant aspects of the matter, within a period of two months from the date of receipt of a copy of this judgment. Further proceedings pursuant to Ext.P10 shall be kept in abeyance, till orders are passed by the Revenue Divisional Officer as directed above. Sd/- ANU SIVARAMAN JUDGE ska WP(C) NO. 2966 OF 2023 5 APPENDIX OF WP(C) 2966/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DATA BANK PUBLISHED, AND COPY PROVIDED TO THE PETITIONER DATED 26.6.19 Exhibit P2 A TRUE COPY OF THE RECEIPT FOR SUBMISSION OF FORM NO 5 AT THE INSTANCE OF THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 27.8.21 Exhibit P3 A TRUE COPY OF THE DECISION OF THE LOCAL LEVEL MONITORING COMMITTEE DATED 26.10.21. Exhibit P4 A TRUE COPY OF THE COMMUNICATION BY THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KRISHI BHAVAN, PUDUKKAD DATED 5.12.22. Exhibit P5 A TRUE COPY OF THE SKETCH OF THE PROPERTIES IN QUESTION RECEIVED BY THE PETITIONER DATED 28.2.09. Exhibit P6 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, THRISSUR DATED NIL. Exhibit P7 A TRUE COPY OF THE PROCEEDINGS OF THE R D O , THRISSUR DATED 8.4.08 Exhibit P8 A TRUE COPY OF THE MINING PERMIT ISSUED BY THE DISTRICT GEOLOGIST, THRISSUR DATED 5.4.08. Exhibit P9 A TRUE COPY OF THE ORDER OF THE R D O , THRISSUR DATED 7.3.08 Exhibit P10 A TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE SECOND RESPONDENT DATED 27.11.22. Exhibit P11 A TRUE COPY OF THE JUDGMENT DELIVERED BY THIS HON'BLE COURT REPORTED IN 2022 VOL. 5 KHC 90 WP(C) NO. 2966 OF 2023 6 DEEPU D VS DISTRICT COLLECTOR ,KOLLAM AND OTHERS DATED 19.7.22 Exhibit P12 A TRUE COPY OF THE JUDGMENT DELIVERED IN

REPORTED 2022 VOL.5 KLT 458 SULEKHA KHADER VS KUZHIMANNA GRAMMA PANCHAYATH AND OTHERS DATED 15.9.22. Exhibit P13 A TRUE COPY OF THE JUDGMENT DELIVERED IN 2022 VOL. 1 KHC PAGE 554 ANAND LOUIS VS HAARIS RASHEED DATED 21.1.2022. Exhibit P14 A TRUE COPY OF THE JUDGMENT DELIVERED IN 2022 VOL. 7 KHC 541 BHARATHAN RAMANATHAN VS STATE OF KERALA DATED 23.11.22.

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