Vayaloor Realtors Pvt Ltd v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No.6043 of 2015 (E) ----------------------------------- PETITIONER:

------------------- VAYALOOR REALTORS PVT LTD,RAGHAVEERA AVENUE, POES GARDEN,CHENNAI-680686,REPRESENTED BY ITS AUTHORIZED SIGNATORY UNNIKRISHNAN, AGED 47 YEARS,S/O.SREENARAYANA KURUP, FLAT NO.12,CAPITAL GARDEN,POONKUNNAM,THRISSUR. BY ADVS.SRI.C.M.MOHAMMED IQUABAL SMT.T.J.SEEMA RESPONDENTS:

------------------------ 1.

STATE OF KERALA,REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM-695001.

2.

THE LOCAL LEVEL MONITORING COMMITTEE, KOLAZHI AGRICULTURAL OFFICE, THRISSUR-680010,REPRESENTED BY ITS CONVENER.

3.

THE AGRICULTURAL OFFICER, KOLAZHI AGRICULTURAL OFFICE, THRISSUR DISTRICT-680010.

R1 TO R3 BY GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, ALONG WITH W.P(C) NO.6044/2015 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON, J.

-------------------------------------------- W.P(C). Nos. 6043 & 6044 of 2015 ------------------------------------------- Dated this the 20th day of March, 2015

J U D G M E N T

The prayers in these writ petitions are to cause the wrong entry made in the Data Bank Register to be deleted, as the properties belonging to the petitioners are not 'paddy land' or 'wet land' as defined under Section 2(xii) or 2(xviii) of Act 28/2008. The inclusion in the Data Bank Register came to be on the basis of a mistake which is liable to be rectified by the 2nd respondent and hence the writ petition.

2.

The learned Government Pleader submits with reference to the contents of the statement already filed that, the idea and understanding of the petitioners are not true or correct. The properties actually stand included in the Data Bank Register, on the basis of the nature of the properties concerned and that the outcome of the petition filed before the Local Level Monitoring Committee has already been considered and the request has been rejected as per the proceedings borne out by the minutes in this regard on 04.11.2011.

WP(c). Nos.6043 & 6044 of 2015 3.

The learned counsel for the petitioners however points out that the outcome was never let known to the petitioners so far.

4.

The learned Government Pleader submits that a formal order in this regard will be communicated to the petitioners forthwith. The learned counsel for the petitioners seeks permission to withdraw these writ petitions without prejudice to the rights and liberties to challenge the said order by way of appropriate proceedings.

Permission is granted. These writ petitions are dismissed as withdrawn.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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