P.V. Antony vs State Of Kerala
2021 Latest Caselaw 23975 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                        WP(C) NO. 28487 OF 2021
PETITIONER:

          P.V. ANTONY
          AGED 49 YEARS
          S/O. VARGHESE (LATE), PULICKATHARA HOUSE, MULAVUKAD P.
          O., ERNAKULAM DISTRICT, PIN - 682504.


          BY ADV AVANEESH KOYIKKARA

RESPONDENTS:

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

    2     DISTRICT COLLECTOR, ERNAKULAM
          COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682 030.

    3     THE REVENUE DIVISIONAL OFFICER, FORT KOCHI
          REVENUE DIVISIONAL OFFICE, KB JACOB RD, FORT KOCHI,
          KOCHI HEAD POST, ERNAKULAM - 682001.

    4     TAHSILDAR
          KANAYANNUR TALUK OFFICE, NEAR COURT COMPLEX P. O.,
          ERNAKULAM - 682 011.

    5     VILLAGE OFFICER
          MULAVUKAD, ERNAKULAM DIST., PIN - 682504.

    6     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY TIS CONVENER AGRICULTURAL OFFICER,
          KRISHI BHAVAN, MULAVUKAD, ERNAKULAM DIST., PIN - 682
          504.

    7     AGRICULTURAL OFFICER
          KRISHI BHAVAN, MULAVUKAD, ERNAKULAM DIST., PIN - 682
          504.
          BY SMT. K.M. RASHMI, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28487 OF 2021

                                         2



                                   JUDGMENT

Dated this the 13th day of December, 2021

The petitioner is the owner in possession of 2.30

Ares of land in Survey No.164/3-2 in Block No.3 of

Mulavukad Village in Kanayannur Taluk of Ernakulam District.

It is submitted that the property of the petitioner is lying as

dry land and the same is not suitable for paddy cultivation

and is not included in the data bank. The petitioner confines

his relief for an expeditious consideration of Ext.P4

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.

2. Having heard the learned Government Pleader

also and without expressing any view on the merits of the

matter, this writ petition is disposed of directing the 3 rd

respondent to take up the application, consider and pass

orders on the same, 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 petitioner shall produce a copy of the writ petition along

with a copy of the judgment before the 3rd respondent for WP(C) NO. 28487 OF 2021

compliance. The entire proceedings shall be completed within

a period of four months from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/13/12 WP(C) NO. 28487 OF 2021

PETITIONER'S EXHIBITS:

Exhibit P1 A COPY OF THE DOCUMENT NO.2677/2004 DATED 07.05.2004 OF ERNAKULAM SRO.

Exhibit P2 A COPY OF TAX RECEIPT DATED 24.05.2019 ISSUED BY THE VILLAGE OFFICER, MULAVUKAD VILLAGE.

Exhibit P3 THE TRUE COPY OF THE PERMISSION UNDER THE KLU ORDER NO.L10-163376/18 ISSUED BY THE 2ND RESPONDENT DATED 02.03.2019.

Exhibit P4 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.09.2021.

Exhibit P4(a) THE TRUE COPY FEE PAYMENT CHALLAN DATED 17.09.2021 TOWARDS EXT.P4 APPLICATION.

Exhibit P4(b) THE TRUE COPY OF CONSIGNMENT TRACKING DETAILS OF EXT.P4 APPLICATION.

RESPONDENT'S/S EXHIBITS: NIL