Sajeevan Elaveettil vs The District Collector
2021 Latest Caselaw 16133 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                             WP(C) NO. 15438 OF 2021
PETITIONER:

              SAJEEVAN ELAVEETTIL,
              AGED 54 YEARS
              S/O. RAMAN, ABDHIRAMAM, NADUVATHUR (PO), KOYILANDI,
              KOZHIKODE 673 620.

              BY ADV K.PRAVEEN KUMAR



RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              CIVIL STATION 9PO), KOZHIKODE 672 030.

     2        THE REVENUE DIVISONAL OFFICER,
              PWD REST HOUSE, OLD BUS STAND, VADAKARA, KOZHIKODE 673 101.

     3        THE TAHSILDAR,
              KOYILANDI TALUK, MINI CIVIL STATION, COURT ROAD, VADAKARA,
              KOZHIKODE 673 101.

     4        THE VILLAGE OFFICER,
              KIZHARIYUR VILLAGE, MELADY, KOLLAM (PO), KOZHIKODE 673 307.

     5        THE LOCAL LEVEL MONITORING COMMITTEE,
              KIZHARIYUR GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENER,
              AGRICULTURAL OFFICER, KIZHARIYUR, KOZHIKODE 673 307.

     6        STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT ,
              SECRETARIAT., THIRUVANANTHAPURAM 695 001.

              BY SPL. GOVT. PLEADER SRI.M.H.HANIL KUMAR


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
               W. P. (C) No.15438 of 2021
          ==================
          Dated this the 3rd day of August, 2021

                         JUDGMENT

All that the petitioner seeks for is, an

expeditious consideration of Ext.P2 application filed in Form No.6 of the Kerala Conservation of

Paddy land and Wetland Rules, seeking change of

nature/user of the property having an extent of

10.3 Ares from out of the largest extent of 79.97

Ares.

2. According to the petitioner, the property is

not included in the data bank maintained under the

Kerala Conservation of Paddy land and Wetland Act

and that it is a pucca garden land. However, the

property has been noted as 'Nilam" in the revenue

records. It is accordingly that the petitioner

submitted Ext.P2 application in Form No.6 seeking

change of nature/user of the land, contends the

petitioner.

3. Without expressing anything on merits, the

writ petition is disposed of directing the second W. P. (C) No.15438 of 2021

respondent to consider Ext.P2 application (Form

No.6) on obtaining and verifying relevant materials

including the data bank and pass appropriate orders

thereon, as expeditiously as possible and at any

rate within a period of six months from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 15438/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TITLE DEED DATED 26.12.97.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 12.7.21 ALONG WITH POSTAL RECEIPT DATED 13.7.21.

Exhibit P3 TRUE COPY OF THE CHELAN DATED 2.7.21.

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