Lakshmikutty Amma vs State Of Kerala
2021 Latest Caselaw 15196 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 20TH DAY OF JULY 2021/29TH ASHADHA, 1943
                     WP(C) NO. 14422 OF 2021


PETITIONER:

         LAKSHMIKUTTY AMMA, AGED 80 YEARS,
         W/O. BALAKRISHNAPILLA, GIRIMANDIRAM HOUSE,
         ALUVA, ERNAKULAM-683 101.

         BY ADV AVANEESH KOYIKKARA
RESPONDENTS:

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

    2    THE LAND REVENUE COMMISSIONER,
         COMMISSIONERATE OF LAND REVENUE,
         PUBLIC OFFICE BUILDING, MUSEUM JN.,
         THIRUVANANTHAPURAM-695 033.

    3    DISTRICT COLLECTOR, ERNAKULAM,
         COLLECTORATE, CIVIL STATION,
         KAKKANAD POST, ERNAKULAM DISTRICT-682 030.

    4    REVENUE DIVISIONAL OFFICER, FORT KOCHI,
         REVENUE DIVISONAL OFFICE, KB JACOB ROAD,
         FORT KOCHI, KOCHI HEAD POST, ERNAKULAM-682 001.

    5    LOCAL LEVEL MONITORING COMMITTEE,
         (REPRESENTED BY ITS CONVENER AGRICULTURAL
         OFFICER), KRISHI BHAVAN, ALUVA,
         ERNAKULAM DISTRICT-683 101.

    6    AGRICULTRUAL OFFICER, KRISHI BHAVAN,
         ALUVA, ERNAKULAM DISTRICT-683 101.

         G.P. SRI RAVIKRISHNAN ASOKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.14422/2021

                                 2




                            JUDGMENT

Dated this the 20th day of July, 2021

The petitioner is owner of 8.80 Ares of land comprised

in Block No.62, Sy.No.17 of Aluva Village in Ernakulam

District. According to the petitioner, though the land is a

garden land, it is described as paddy land/wetland in the

revenue records. Therefore, the petitioner seeks change of

nature of the land in the revenue records. The petitioner

has filed Ext.P2 application invoking Rule 12(1) of the

Kerala Conservation of Paddy Land and Wetland Rules,

2008.

2. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondents.

3. As Ext.P2 application filed by the petitioner is a

statutory application invoking provisions of the Kerala WP(C) No.14422/2021

Conservation of Paddy Land and Wetland Act and Rules

made thereunder, the 4th respondent is legally bound to

consider the same within a reasonable time.

Therefore the writ petition is disposed of directing the

4th respondent to consider Ext.P2 application within a period

of two months if the application is complete in all respects

and is supported by all necessary documents.

Sd/-

N. NAGARESH JUDGE ncd/20.07.2021 WP(C) No.14422/2021

APPENDIX OF WP(C) 14422/2021

PETITIONER'S EXHIBITS

Exhibit P1 A COPY OF THE LETTER NO. KBA 16/19-20 DATED 19/10/2019 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24/11/2020 ALONG WITH ITS FEE PAYMENT CHALLAN AND POSTAL DELIVERY ACKNOWLEDGMENT.