RIYAS v. THE LOCAL LEVEL MONITORING COMMITTEE
Case at a glance
Provisions considered
Judgment
RIYAS AGED 42 YEARS S/O.ALASSANKUTTY HAJI, ERANJIKKAL, MUNNIYOOR PO, MALAPPURAM DISTRICT BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT: THE LOCAL LEVEL MONITORING COMMITTEE (THIRURANGADI GRAMA PANCHAYT) REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN, THIRURANGADI PO, MALAPPURAM DISTRICT BY ADV GOVERNMENT PLEADER OTHER PRESENT: SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No. 5649 of 2016 2 P.V.KUNHIKRISHNAN, JUDGE ========================= W.P(C) No. 5649 of 2016 ========================== Dated this the 30th day of May, 2024 JUDGMENT The above Writ Petition is filed following prayers: “i. Issue a Writ of certiorari or other appropriate Writs, Orders or Directions to call for the records leading up to Ext. P8 and to quash the same. ii. issue a Writ of Mandumus or other appropriate Writs, Orders or Directions commanding the respondent to delete the entry of the petitioner’s property from the draft data bank in the interest of Justice. iii.
Issue a Writ to declare that the inclusion of the property of the petitioner in the data bank is illegal and irregular.” As per the order dated 17.10.2016 a report is filed by the Agricultural officer, Krishi Bhavan, Thirurangadi. Conclusion of the LLMC in the report is extracted hereunder: W.P(C) No. 5649 of 2016 3
From the entries in the aforesaid records and findings arrived on site inspection, the LLMC has concluded that the aforesaid properties having an approximate extent 60 cents comprised in Sy.no.269 of Thirurangadi Village is Paddy land suitable for cultivation. Property is low lying nature, about one meter below than the nearby road. It is Paddy field and is included in the Data bank as paddy field.
In the light of the above conclusion the petitioner is free to do the need full in accordance with the Kerala Conservation of Padyland and Wetland Act, 2008. With the above observation this Writ Petition is disposed of as above.
Sd/- P.V.KUNHIKRISHNAN JUDGE W.P(C) No. 5649 of 2016 4 APPENDIX OF WP(C) 5649/2016 PETITIONER EXHIBITS P1:TRUE COPY OF THE SALE DEED BEARING NO.2255/2010 OF SRO THIRURANGADI P2:TRUE COPY OF THE LAND TAX RECEIPT IN RESPECT OF PETITIONER'S PROPERTY P3:TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF PETITIONER'S PROPERTY P4:TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONERS PROPERTY P5:TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK P6:TRUE COPY OF THE REQUEST OF THE PETITIONER SUBMITTED BEFORE THE RESPONDENT SEEKING TO DELETE THE ENTRY FO THE PROPERTY FROM THE DATA BANK P7:TRUE COPY OF THE JUDGMENT DATED 26.05.2015 IN WPC.NO.15460/2015 P8:TRUE COPY OF THE DECISION ALONG WITH THE MINUTES OF THE MEETING
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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