Vasudevan vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 31, 2022

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https://sooperkanoon.com/case/1461593

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Citation: sooperkanoon.com/1461593
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Mar 31, 2022
Case Number: WP(C)/8852/2022

Parties & Advocates

Appellant / Petitioner

Vasudevan

Respondent

State of Kerala

Excerpt

.....ext.p8 photographs showing that the property is a rubber plantation. in the above circumstances, this court is of the view that a re-look is required in the issue. the writ petition is allowed. ext.p7 is set aside. the 4 th respondent is directed to reconsider the application submitted by the petitioners with particular reference to the report of the ksrec and also after conducting a site inspection with notice to the petitioners. the petitioners shall take steps to obtain the report from the ksrec and forward the same to the 4th respondent for further action. necessary orders shall be issued within six weeks from the date of receipt of the report of the ksrec. sd/- t.r. ravi judge dsn appendix of wp(c) 8852/2022 petitioner exhibits exhibit p1 true copy of the possession certificate issued to the petitioner dated 17.8.2017 exhibit p2 true copy of the relevant page of data bank issued by the revenue authorities exhibit p3 true copy of the representation submitted by the 2nd petitioner dated 29.3.2016 before the district collector exhibit p4 true copy of the application submitted by the petitioners before the agricultural officer on 26.8.2017 exhibit p5 true copy of the form no.5 applicationfiled by the petitioners for deleting the property from the data bank under the new rules on 1.7.2021 exhibit p6 true copy of the communication sent by the sub collector to the agricultural officer dated 1.7.2021 exhibit p7 true copy of the order of the 4th respondent no.rdootp/2182/2021/gi/r.dis dated 16.12.2021 received by the 2nd petitioner on 16.12.2021 exhibit p8 true copy of the photographs of the property of the petitioner showing the nature of the property

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 WP(C) NO. 8852 OF 2022 PETITIONERS: 1 VASUDEVAN, AGED 54 YEARS 2 NARAYANAN AGED 52 YEARS BY ADVS.SRI K.MOHANAKANNAN SRI H.PRAVEEN (KOTTARAKARA) RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001 2 THE DISTRICT COLLECTOR, KENATHUPARAMBU, KUNATHURMEDU , PALAKKAD-678 013 3 PRINCIPAL AGRICULTURAL OFFICER, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA-678 013 4 SUB COLLECTOR,SUB COLLECTOR OFFICE, COURT ROAD, OTTAPALAM,PALAKKAD-679 101 5 LOCAL LEVEL MONITORING COMMITTEE, KAPPUR, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KUMARANELLOOR, KAPPUR VILLAGE, PALAKKAD-678 001 6 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KAPPUR, KUMARANELLOOR P.O., PALAKKAD-679 552 7 THE VILLAGE OFFICER, KAPPUR VILLAGE OFFICE, NADUVATTAM-THANNEERKODU ROAD, THANNERCODE, PALAKKAD DISTRICT-679 552
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
Dated this the 31st day of March, 2022

JUDGMENT

The petitioners challenge Ext.P7 order of the 4 th respondent whereby the application submitted by the petitioner for removing his property from the data bank was rejected. It can be seen from Ext.P7 that the order has been issued only on the basis of the report of the Agricultural Officer and no scientific data has been looked into. The petitioners have produced Ext.P8 photographs showing that the property is a rubber plantation. In the above circumstances, this Court is of the view that a re-look is required in the issue. The writ petition is allowed. Ext.P7 is set aside. The 4 th respondent is directed to reconsider the application submitted by the petitioners with particular reference to the report of the KSREC and also after conducting a site inspection with notice to the petitioners. The petitioners shall take steps to obtain the report from the KSREC and forward the same to the 4th respondent for further action. Necessary orders shall be issued within six weeks from the date of receipt of the report of the KSREC. Sd/- T.R. RAVI JUDGE dsn APPENDIX OF WP(C) 8852/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER DATED 17.8.2017 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK ISSUED BY THE REVENUE AUTHORITIES Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 29.3.2016 BEFORE THE DISTRICT COLLECTOR Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE AGRICULTURAL OFFICER ON 26.8.2017 Exhibit P5 TRUE COPY OF THE FORM NO.5 APPLICATION

FILED BY THE PETITIONERS FOR DELETING THE PROPERTY FROM THE DATA BANK UNDER THE NEW RULES ON 1.7.2021 Exhibit P6 TRUE COPY OF THE COMMUNICATION SENT BY THE SUB COLLECTOR TO THE AGRICULTURAL OFFICER DATED 1.7.2021 Exhibit P7 TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT NO.RDOOTP/2182/2021/GI/R.DIS DATED 16.12.2021 RECEIVED BY THE 2ND PETITIONER ON 16.12.2021 Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER SHOWING THE NATURE OF THE PROPERTY

Same Court & Year Kerala · 2022 Same Parties Vasudevan vs State of Kerala Same Judge Honourable Mr. Justice T.R.Ravi