Tharang Business Promoters And ... vs The Revenue Divisional Officer ...
2021 Latest Caselaw 1799 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                     WP(C).No.28230 OF 2020(C)


PETITIONER:

               THARANG BUSINESS PROMOTERS AND CONSULTANTS PRIVATE
               LIMITED
               PUTHUPARIYARAM, PALAKKAD DISTRICT-678014,
               REPRESENTED BY ITS GENERAL MANAGER, THOMAS MATHEW.

               BY ADVS.
               SRI.JACOB SEBASTIAN
               SRI.K.V.WINSTON
               SMT.ANU JACOB

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER FORT KOCHI
               OFFICE OF THE REVENUE DIVISIONAL OFFICER,
               FORT KOCHI, FIRST FLOOR,
               K.B.JACOB ROAD, FORT KOCHI, KOCHI-682001.

      2        THE VILLAGE OFFICER,
               THEKKUMBHAGAM VILLAGE, THRIPPUNITHURA,
               ERNAKULAM-682301.

      3        THE AGRICULTURAL OFFICER FOR THE THRIPPUNITHURA
               MUNICIPALITY,
               ERNAKULAM DISTRICT, PIN-682301.

      4        THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
               THRIPPUNITHURA MUNICIPALITY,
               ERNAKULAM DISTRICT CONSTITUTED UNDER THE
               CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008,
               REPRESENTED BY ITS CONVENER,
               THE AGRICULTURAL OFFICER,
               THRIPPUNITHURA MUNICIPALITY,
               ERNAKULAM DISTRICT, PIN-682301.


               BY SPECIAL GOVERNMENT PLEADER SRI.MOHAMMED ANZAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.28230 of 2020               2




                                JUDGMENT

The petitioner has preferred Ext.P3 application in Form 6 before the

1st respondent seeking a change in the nature of the land. The limited

prayer in the Writ Petition is for a direction to the 1 st respondent to

consider and pass orders on the same expeditiously, after hearing the

petitioner.

The learned Government Pleader would submit, on instructions,

that the application can be considered and orders passed thereon within

six weeks. Taking note of the said submission, the Writ petition is

disposed by directing the 1st respondent to consider and pass orders on

Ext.P3 application, within six weeks from the date of receipt of a copy of

this judgment, after hearing the petitioner. The petitioner shall produce

a copy of the writ petition together with a copy of this judgment before

the 1st respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

mns/18.01.2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17.11.2020 ISSUED BY THE VILLAGE OFFICER, THEKKUMBHAGAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED MARCH 3, 2020 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 14.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER SECTION 27 A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 SEEKING PERMISSION FOR USING AN EXTENT OF 19.43. ARES OF LAND OUT OF THE LAND MENTIONED IN EXT.P1 FOR ITS BUSINESS PURPOSES ALONG WITH RECEIPT.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE