Suby John vs The District Collector
2021 Latest Caselaw 6614 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

 WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4806 OF 2021(A)

PETITIONERS:
       1     SUBY JOHN, AGED 52,
             S/O. JOHNY EAPEN, MUNDUCHIRACKAL HOUSE, N T PAUL
             VILLA, PAROLICKAL, ATHIRAMPUZHA P.O, KOTTAYAM,
             REP.BY POWER OF ATTORNEY HOLDER, SAJU JOHN, AGED 50
             YEARS, S/O. JOHN EAPPEN, MUNDUCHIRACKAL HOUSE,
             VELOOR P.O, KOTTAYAM-686 003

      2        SAJU JOHN,
               AGED 50 YEARS
               S/O. JOHN EAPPEN, MUNDUCHIRACKAL HOUSE, VELOOR P.O,
               KOTTAYAM-686 003

               BY ADV. SRI.PRAVEEN K. JOY

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, KOTTAYAM-KUMALI ROAD,
               KOTTAYAM DISTRICT-686 002

      2        THE REVENUE DIVISIONAL OFFICER,
               SECOND FLOOR, MINI CIVIL STATION, UNION CLUB ROAD,
               PUTHENANGADY, KOTTAYAM-686 001

      3        THE TAHSILDAR,
               KOTTAYAM TALUK OFFICE, KOTTAYAM-686 001

      4        THE VILLAGE OFFICER,
               THIRUVARP VILLAGE OFFICE, KOTTAYAM-686 020.

      5        AGRICULTURAL OFFICER,
               KRISHIBHAVAN, KUMARANALLOOR, KOTTAYAM-686 016

      6        THE CONVENOR,
               LOCAL LEVEL MONITORING COMMITTEE,
               THIRUVARP GRAMA PANCHAYATH, KUMARANALLOOR,
               KOTTAYAM-686 016

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                W. P. (C) No.4806 of 2021
          ==================
         Dated this the 24th day of February, 2021

                        JUDGMENT

The petitioners seek for an expeditious

consideration of Ext.P8 application filed by him in Form No.9 under the proviso to Section 27A(3) of

the Kerala Conservation of Paddy Land and Wetland

Act, 2008.

2. According to the petitioners, the land in

question having an extent of 22.3 Ares situated in

Block No.14 in R.S. 30 of Thiruvarppu village, is a

converted land since the year 1920. Petitioners

rely on the land identification details produced

along with the writ petition as Ext.P1. Referring

to the proviso to Section 27A(3) of the Act, the

petitioners claim that since the land in question

had been filled up prior to the commencement of the

Kerala Land Utilization Order 1967, no fee is

payable and his application in Form-9 is liable to

be granted. Immediate dealing with the property is

necessitated consequent to the financial crunch of W. P. (C) No.4806 of 2021

the petitioners which has resulted in recovery

proceedings by the petitioners' creditor Bank.

3. Be that as it may, I dispose of this writ

petition directing the second respondent to

consider Ext.P8 application of the petitioners and

pass appropriate orders thereon, on obtaining the

relevant data, as expeditiously as possible and at

any rate within a period of two months from the

date of receipt of a copy of this judgment. The

petitioners shall produce a copy of the writ

petition along with a copy of the judgment before

the second respondent, for compliance.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.4806 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LAND IDENTIFICATION DETAILS ATTESTED BY AGRICULTURAL OFFICER, KRISHIBHAVAN, THIRUVARPPU DATED 12.11.2013

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN W.P.C 4529/2013 DATED 02.09.2013.

EXHIBIT P3 THE TRUE COPY OF THE LETTER DATED 20.11.2013 OF DISTRICT COLLECTOR, KOTTAYAM.

EXHIBIT P4 THE TRUE COPY OF THE PHOTOGRAPH OF THE HOUSE IN THE PROPERTY.

EXHIBIT P5 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.09.2019.

EXHIBIT P6 THE TRUE COPY OF THE LOCATION SKETCH DATED 18.09.2019

EXHIBIT P7 THE TRUE COPY OF THE POSSESSION NOTICE DATD 14.01.2021. OF SOUTH INDIAN BANK.

EXHIBIT P8 THE TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT UNDER FORM-9.

EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND AND 3RD RESPONDENT.

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