Saju Kabeer vs State Of Kerala
2021 Latest Caselaw 10968 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.7345 OF 2021(P)

PETITIONER:

               SAJU KABEER
               AGED 46 YEARS
               S/O.M AL KABEER, PLANTHARA HOUSE, THUKALASSERRY,
               THIRUVALLA P.O., THIRUVALLA VILLAGE,
               THIRUVALLA THALUK, PATHANAMTHITTA DISTRICT-689101.

               BY ADVS.
               SRI.VARUGHESE M EASO
               SRI.VIVEK VARGHESE P.J.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF
               REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        THE VILLAGE OFFICER,
               THIRUVALLA VILLAGE, THIRUVALLA P.O.,
               PATHANAMTHITTA DISTRICT, PIN-689101.

      3        THE SUB COLLECTOR,
               RDO OFFICE, THIRUVALLA, THIRUVALLA P.O.,
               PATHANAMTHITTA DISTRICT, PIN-689101.

      4        THE LOCAL LEVEL MONITORING COMMITTEE,
               REPRESENTED BY ITS CONVENOR, AGRICULTURE OFFICER,
               THIRUVALLA KRISHIBHAVAN, KAVUMBHAGAM P.O.,
               THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689102.

      5        TAHSILDAR,
               THIRUVALLA, OFFICE OF THE TAHSILDAR, REVENUE TOWER,
               THIRUVALLA-689101.

      6        TAHSILDAR (LAND RECORDS),
               THIRUVALLA, OFFICE OF THE TAHSILDAR, REVENUE TOWER,
               THIRUALLA-689101.

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
               W. P. (C) No.7345 of 2021
          ==================
           Dated this the 7th day of April, 2021

                     JUDGMENT

The petitioner confines his relief for an

expeditious consideration of Ext.P8 application

filed by him in Form-6, under the Kerala

Conservation of Paddy land and Wetland Act. The

petitioner has sought for permission for change of

nature of the land in respect of 1 Are and 30 Sq.M.

of property belonging to him in Sy. No.222/19-1.

The petitioner maintains that the property is not

included in the data bank and that it is not a

wetland.

2. The writ petition is disposed of directing

the third respondent Revenue Divisional Officer to

consider Ext.P8 application (Form-6) in accordance

with law on obtaining the necessary reports, and W. P. (C) No.7345 of 2021

pass appropriate orders as expeditiously as

possible and at any rate within a period of four

months from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.7345 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SALE DEED NO.803/2015 DATED 26.03.2015 OF THIRUVALLA SRO.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT KL03051102436/2020 DATED 26.06.2020 ISSUED BY THE VILLAGE OFFICER, THIRUVALLA.

EXHIBIT P3 TRUE COPY OF THE MINUTES NO.A3-3189/1999 DATED 10.11.1999 HELD ON 09.11.99 TO DISCUSS ON THE RELINQUISHMENT OF LAND REQUIRED FOR THIRUVALLA BY-PASS ROAD.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.B/3152/2015 DATED 01.06.2015 BY THE 3RD RESPONDENT TO THE DISTRICT COLLECTOR.

EXHIBIT P5 TRUE COPY OF REPORT NO.C2-912/14 DATED 04.06.2015 BY THE DISTRICT COLLECTOR, TO THE PRINCIPAL SECRETARY (REVENUE (B) DEPT.

EXHIBIT P6 TRUE COPY OF RECEIPT FOR APPLICATION DATED 25.09.2017 BY THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE CHELAN RECEIPT DATED 26.08.2019 ISSUED FROM THIRUVALLA SRO.

EXHIBIT P8 TRUE COPY OF THE APPLICATION BY THE PETITIONER DATED 28.08.2019 ALONG WITH THE RECEIPT FOR APPLICATION DATED 19.09.2019 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPORT ALONG WITH THE LETTER DATED 27.05.2020 ISSUED BY THE OFFICE OF THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPORT ALONG WITH THE LETTER NO.A-172/2015/KSREC/008598 DATED 04.01.2020 FROM KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE.

EXHIBIT P11 TRUE COPY OF THE KERALA GAZETTE VOL IX DATED 21.01.2020 CONTAIN THE DRAFT MASTER PLAN FOR THE THIRUVALLA TOWN PREPARED BY THE DEPARTMENT OF TOWN AND COUNTRY PLANNING DEPARTMENT ALONG WITH TYPED COPY OF RELEVANT PAGE OF EXT.P11.

APPENDIX/WP(C).No.7345 OF 2021(P)

EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 25.09.2020 IN W.P(C)NO.18323 OF 2020 OF THIS HON'BLE COURT.

EXHIBIT P13 TRUE COPY OF THE ORDER GO.NO.1166/2021/ REVENUE DATED 25.02.2021.

EXHIBIT P14 TRUE COPY OF ORDER NO.M6-4056/2019 DATED 22.02.2021 BY THE 3RD RESPONDENT.

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