Harsha Haneefa vs District Collector
2021 Latest Caselaw 5592 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       WP(C).No.3949 OF 2021(P)


PETITIONER:

               HARSHA HANEEFA
               AGED 29 YEARS
               W/O. IRSHAD, VADUTHALA THEKKETHIL, ELIPPAKULAM,
               BHARANIKAVU VILLAGE, MAVELIKKARA TALUK,
               ALAPPUZHA-690 503.

               BY ADVS.
               SRI.RASHEED C.NOORANAD
               SMT.ANITHA M.N. (EKM)

RESPONDENTS:

      1        DISTRICT COLLECTOR
               COLLECTORATE OFFICE, ALAPPUZHA-688 001

      2        THE REVENUE DIVISIONAL OFFICER,
               CHENGANNUR, ALAPPUZHA-689 121

      3        THE AGRICULTURE OFFICER,
               OFFICE OF THE AGRICULTURE, BHARANIKKAVU,
               ALAPPUZHA-690 503.

      4        VILLAGE OFFICER,
               VILLAGE OFFICE, BHARANIKKAVU, ALAPPUZHA-690 503

      5        THE SECRETARY,
               GRAMA PANCHAYATH, BHARANIKKAVU, MAVELIKKARA,
               ALAPPUZHA-690 503

      BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
             ==================
                   W. P. (C) No.3949 of 2021
             ==================
            Dated this the 16th day of February, 2021

                                JUDGMENT

The petitioner seeks for an expeditious

consideration of Ext.P8 application submitted by her before the second respondent in Form No.6 under

Section 27A of the Kerala Conservation of Paddy

Land and Wetland Act, 2008.

2. The petitioner and her husband are the

coowners of 3.24 Ares of property in Bharanikavu

village. They purchased the same as per Ext.P1 sale

deed of the year 2019. With due permit and plan

from the 5th respondent Panchayat, they started

construction of a residential house in the

property. While so, a stop memo was issued by the

4th respondent village Officer pointing out that as

per records the property in question is a paddy

land.

3. Ext.P5 is the certificate dated 15.10.2020

issued by the agricultural officer certifying that

the property in question is not included in Data W. P. (C) No.3949 of 2021

Bank as a wet land. The petitioner has made an

application before the second respondent in terms

of Section 27A for change of nature of the land.

The extent of land involved being less than 20.2

Ares, the application by the petitioner before the

second respondent is proper. Considering the fact

that construction of a building is half way

through, it is only proper that the second

respondent considers Ext.P8 application and passes

orders thereon without any delay.

In the result, the writ petition is disposed of

directing the second respondent to consider and

pass orders on Ext.P8 application referred to

supra, in the light of the observations made above,

as expeditiously as possible and at any rate within

a period of one month 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.3949 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.

1762/1/2019 OF BHARANIKKAVU SRO DATED 24.10.2019.

EXHIBIT P2 THE TRUE COPY OF THE SKETCH AND PLAN OF THE HOUSE OF THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 25.05.2020.

EXHIBIT P4 A TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED 19.10.2020.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT ON 15.10.2020.

EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 18.05.2020.

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS SHOWING THAT LOT OF COCONUT TREES AGED MORE THAN 50 YEARS ARE STANDING NEAR THE CONSTRUCTION SITE.

EXHIBIT P8 TRUE COPY OF THE APPLICATION IN FORM NO. 6 UNDER 12(1) OF KERALA CONSERVATION OF PADDY AND WET LAND ACT DATED 01.02.2021.

EXHIBIT P9 THE TRUE COPY OF THE CHALLAN RECEIPT ON 01.02.2021.

EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 01.02.2021.

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