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High Court of KeralaWP(C)/39106/2015disposed of

Gafoor v. State Of Kerala

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39106 of 2015 (K) --------------------------------------- PETITIONER(S):

----------------------- GAFOOR.M.P, AGED 47 YEARS, S/O.KUNJAMMATH HAJI, SAJITH VILLA, PARAPPAN POYIL P.O. THAMARASSERY, KOZHIKODE DIST. PIN - 673 573.

BY ADVS.SRI.M.G.SREEJITH SRI.ABDUL JALEEL ONATH SMT.P.J.RAZIA BEEVI RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT COLLECTOR, KOZHIKODE - 673 001.

3. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE - 673 001.

4. THE SECRETARY, THAMARASSERY GRAMA PANCHAYATH, THAMARASSERY P.O., KOZHIKODE - 673 574.

5. THE VILLAGE OFFICER, RAROTH, THAMARASSERY P.O., KOZHIKODE - 673 574. R1-3 & 5 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 39106 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF SALE DEED NO.430/2012 OF SRO, THAMARASSERY GRAMA PANCHAYATH EXT.P-2: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICER DATED 10.1.2014 EXT.P-3: A TRUE COPY OF RELEVANT PAGE OF DATA BANK ISSUED BY THE 4TH RESPONDENT SECRETARY, THAMARASSERY GRAMA PANCHAYATH EXT.P-4:SERIES: ORIGINAL PHOTOGRAPHS OF PETITIONER'S PROPERTY BEARING RE.SY.24 OF RAROTH VILLAGE.

EXT.P-5: TRUE COPY OF APPLICATION DATED 8.10.2015 FILED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

--------------------------------------------------------- W.P.(C).No. 39106 of 2015 --------------------------------------------------------- Dated this the 22nd day of December, 2015

JUDGMENT

The petitioner claims that he is the owner and possession of the converted paddy land comprised in Re-Survey No.24 of Raroth Village. The petitioner approached the 2nd and 3rd respondent seeking a permission under clause 6 of the Kerala Land Utilisation Order.

2. This Court is of the view that such application is not maintainable in the light of amended provisions of Section 3A of Act 28/2008. The Collector has no power under clause 6 of the Kerala Land Utilisation Order to regularise the land which is reclaimed prior to Act 28/2008 in the light of amendment to Section 3A of Act 28/2008. Therefore, the following directions are issued:

W.P.(C).No. 39106 of 2015 -2- i) If the petitioner approaches the District Collector under Section 3A in the requisite format, the same shall be considered within two months from the receipt of such application.

ii) The District Collector shall verify whether the land in question is included as a paddy land in the Draft Data Bank.

iii) If it is not included in the Draft Data Bank on satisfied that it is a converted land, necessary permission shall be granted on payment of 25% of the fair value as contemplated under Section 3A of Act 28/2008.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr