Jacob Chacko vs State Of Kerala Represented By The ...
2021 Latest Caselaw 11023 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.2610 OF 2021(A)


PETITIONER:

               JACOB CHACKO,AGED 52 YEARS
               S/O. LATE P.M. CHACKO, PANDIYALIL ANI VILLA,
               THUKALASSERRY, THIRUVALLA P.O., PATHANAMTHITTA,
               DISTRICT, PIN-689 101.

               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-695 001.

      2        THE VILLAGE OFFICER, THIRUVALLA VILLAGE, THIRUVALLA
               P.O., PATHANAMTHITTA DISTRICT, PIN-689 101.

      3        THE SUB COLLECTOR, RDO OFFICE, THIRUVALLA,
               THIRUVALLA P.O., PATHANAMTHITTA DISTRICT,
               PIN-689 101.

      4        THE LOCAL LEVEL MONITORING COMMITTEE
               REPRESENTED BY ITS CONVENOR, AGRICULTURE OFFICER,
               THIRUVALLA KRISHIBHAVAN, KAVUMBHAGAM P.O.,
               THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 102.

      5        TAHSILDAR, THIRUVALLA, OFFICE OF THE TAHSILDAR,
               REVENUE TOWER, THIRUVALLA-689 101.

      6        TAHSILDAR (LAND RECORDS),THIRUVALLA, OFFICE OF THE
               TAHSILDAR, REVENUE TOWER, THIRUVALLA-689 101.

               BY GP SRI. RAVI KRISHNAN

     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.2610 of 2021
                ==========================
           Dated this the 7th day of April, 2021

                          JUDGMENT

The petitioner confines his relief for an expeditious

consideration of Ext P15 application filed by him in Form

No.6 under the Kerala Conservation of Paddyland and Wetland

Act (in short, 'the Act'). As per the said application, the

petitioner sought for permission for change of nature of

4.24 Ares of property in RS No. 22 and 22/2 of Thiruvalla

village. The petitioner maintains that the property in

question is not included in the data bank prepared under

the Act.

Without expressing anything on merits, I dispose of

this writ petition directing the 3rd respondent to consider

and pass appropriate orders on Ext P15 application on

obtaining necessary reports, 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

vdv
 WP(C).No.2610 OF 2021(A)



                       APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1         TRUE COPY OF THE SALE DEED NO.18/1980

OF THIRUVALLA SRO DATED 2.1.1980.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.161/2004, THIRUVALLA SUB REGISTRY DATED 15.1.2004.

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT NO.KL03051104944/2020 DATED 27.11.2020.

EXHIBIT P3(A) TRUE COPY OF THE LAND TAX RECEIPT NO.2163361 DATED 7.11.2014.

EXHIBIT P4 TRUE COPY OF POWER OF ATTORNEY DATED 22.3.2019 EXECUTED BY DR.STEPHEN CHACKO IN FAVOUR MR. JACOB CHACKO.

EXHIBIT P4(A) TRUE COPY OF POWER OF ATTORNEY 14.1.2004 EXECUTED BY JOBH CHACKO IN FAVOUR OF JACOB CHACKO.

EXHIBIT P5 TRUE COPY OF THE MINUTES NO.A3-

3189/1999 DATED 10.11.1999 OF RDO, THIRUVALLA.

EXHIBIT P6 TRUE COY OF THE LETTER NO.B/3152/2015 DATED 1.6.2015 OF THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPORT NO.C2-912/14 DATED 4.6.2015 BY THE DISTRICT COLLECTOR, PATHANAMTHITTA.

EXHIBIT P8 TRUE COPY OF THE APPLICATION BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 22.2.2020.

EXHIBIT P9 TRUE COPY OF APPLICATION DATED 14.12.2020 BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT P10 TRUE COPY OF RECEIPT TO EXT.P10 DATED 15.12.2020 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT.

WP(C).No.2610 OF 2021(A)

EXHIBIT P11 TRUE COPY OF THE CHELAN RECEIPT DATED 22.12.2020.

EXHIBIT P12 TRUE COPY OF OCCUPANCY CERTIFICATE NO.BP 673/13-14 ISSUED BY THE SECRETARY, THIRUVALLA MUNICIPALITY.

EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK MAINTAINED BY THE 4TH RESPONDENT CONVENOR OF THE LOCAL LEVEL MONITORING COMMITTEE.

EXHIBIT P14 TRUE COPY OF THE ABOVE NOTICE NO.A6-

4520/2020 DT.02/03/21 BY 3RD RESPONDENT

EXHIBIT P15 TRUE COPY OF APPLCATION DT 20/03/2021 BY THE PETITIONER TO THE 3RD RESPONDENT ALONG WITH THE REQUIRED DOCUMENTS

EXHIBIT P16 TRUE COPY OF LETTER NO 178/2021 DATED 22/03/2021 BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P17 TRUE COPY OF RECEIPT DT.22/03.2021 BY THE 2ND RESPONDENT TO EXT P15 APPLICATION