Artha Shastra Ventures (India) L.L.P. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 34112 of 2015 (L) ---------------------------- PETITIONER :
---------------------- ARTHA SHASTRA VENTURES (INDIA) L.L.P., SREESHYLAM, BUILDINGS, VIVEKODAYAM SCHOOL LANE, THRISSUR-680 001 REPRESENTED BY ITS MANAGING PARTNER MR.ARUN SHANKAR.
BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR, THRISSUR-680 003.
3. KOLAZHY GRAMA PANCHAYAT, KOLAZHY, THRISSUR P.O., M.G.KAVU, THRISSUR-680 581, REPRESENTED BY ITS SECRETARY.
4. AGRICULTURAL OFFICER, KRISHI BHAVAN, KOLAZHY, M.G.KAVU, THRISSUR-680 581.
5. LOCAL LEVEL MONITORING COMMITTEE, KOLAZHY PANCHAYAT, THRISSUR-680 581, REPRESENTED BY ITS CONVENOR.
R1,R2,R4 & R5 BY SPL.GOVERNMENT PLEADER SRI.P.K.SOYUZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 34112 of 2015 (L) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.
TRUE COPY OF THE TITLE DEED NO.1874/2013.
EXT.P2.
TRUE COPY OF THE FAIR VALUE OF LAND COMPRISED IN RS. NO.219/7 OBTAINED FROM THE GOVERNMENT OF KERALA WEBSITE EXT.P3.
TRUE COPY OF THE RELAVANT PAGES OF THE DATA BANK PREPARED ON 13/9/2010.
EXT.P4.
TRUE COPY OF THE MINUTES OF THE MEETING CONVENED ON 22/1/2013.
EXT.P5.
TRUE COPY OF THE ORDER NO.B3 29890 OF 2013 DATED 26/6/2013 OF THE 2ND RESPONDENT EXT.P6.
TRUE COPY OF THE REPRESENTATION DATED 19/8/2013 SUBMITTED BEFORE THE 4TH AND 5TH RESPONDENT EXT.P7.
TRUE COPY OF THE REPLY OF THE 4TH RESPONDENT DATED 13/9/2013.
EXT.P8.
TRUE COPY OF THE AMENDED DATA BANK ENCLOSED WITH EXT.P7 REPLY FURNISHED BY THE 4TH RESPONDENT EXT.P9.
TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, THRISSUR DATED 11/11/2013. EXT.P10.
TRUE COPY OF THE ORDER NO.B3-64952/2013 DTED 18/6/2015 ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:
NIL ----------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts
A.Muhamed Mustaque, J.
==================================== W.P.(C)No.34112 of 2015 ==================================== Dated this the 3rd day of December, 2015.
JUDGMENT
1. Petitioner is the owner and is in possession of landed properties in Sy.No.219/7 of Kolazhy village, Thrissur District. According to the petitioner, it is a converted land much before the enactment of Act 28 of 2008. The petitioner has approached this court aggrieved by Ext.P10 order of the District Collector, Thrissur.
2. It is submitted by the learned Government Pleader that in the draft data bank, the land in question is recorded as Nilam. In that view of the matter, this court is of the view that if the petitioner approaches the Local Level Monitoring committee to correct the entry relating to the land, appropriate action shall be taken to conduct site inspection and find out whether the same can be classified as Nilam as on the date of enactment of Act 28 of 2008. If it cannot be classified as Nilam, necessary correction shall be carried out in the draft data
W.P.(C)No.34112 of 2015 -:2:- bank. Needful shall be done by the 5th respondent within a period of two months from the date of receipt of such request from the petitioner, after giving notice to the petitioner.
3. If the draft data bank is corrected, all proceedings initiated against the petitioner under Act 28/2008 shall be revoked. However, if the 5th respondent refused to correct the entry, it is open for the authority to implement the order. Till a decision is taken, status quo shall be maintained.
The writ petition is disposed of as above.
Muhamed Mustaque, Judge.
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