IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 17176 OF 2022
PETITIONER:
JACOB SEBASTIAN
AGED 44 YEARS
S/O. SEBASTIAN. J. MAPPILASSERY, MAPPILASSERY HOUSE,
CHAMBAKULAM P.O., AMICHANKERI, ALAPPUZHA - 688505.
BY ADVS.
RENI JAMES
N.S.REHNA
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KOTTAYAM - KUMILY RD, KOTTAYAM - 686002.
2 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM REVENUE DIVISIONAL OFFICE, SECOND FLOOR, MINI
CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM
- 686001.
3 THE TAHSILDAR,
CHANGANASSERY TALUK OFFICE, KACHERY ROAD,
OPPOSITE GOVERNMENT MODEL HSS, CHANGANASSERY,
KOTTAYAM - 686101.
4 THE VILLAGE OFFICER,
CHANGANASSERY VILLAGE OFFICE, PERUNNA P.O.,
KOTTAYAM - 686102.
5 THE AGRICULTURAL OFFICER,
CHANGANASSERY KRISHI BHAVAN, VAZHAPPILLY WEST, KOTTAYAM
- 686103.
SR.G.P-SMT.VINITHA B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No. 17176/2022 2
JUDGMENT
The petitioner is the absolute owner in possession of an extent of 3.64 Ares of land comprised in Sy.No.37/-3 Block No.233 of Changanassery Taluk in Kottayam District. The learned counsel for the petitioner submits that the property of the petitioner is lying as converted land and the same is not suitable for paddy cultivation and is not included in the data bank. When this matter is taken up for consideration, the petitioner confines his prayer for an expeditious consideration of Ext.P3 application in Form No.6 under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.
Having heard the learned Government Pleader and without expressing any opinion on the merits of the matter, this writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P3 application after considering all relevant aspects of the matter and after verifying the data bank and obtaining all necessary inputs including the report of the Village Officer. The W.P.(C)No. 17176/2022 3 entire proceedings shall be completed within a period of three months from the date of receipt of copy of this judgment.
Sd/-
MURALI PURUSHOTHAMAN JUDGE W.P.(C)No. 17176/2022 4 APPENDIX OF WP(C) 17176/2022 PETITIONER's EXHIBITS:
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.08.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 25.03.2022 ALONG WITH SURVEY SKETCH.
Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 25.03.2022. spc/