Shibu Jose vs The Secretary
2021 Latest Caselaw 21645 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 23868 OF 2021
PETITIONER:

          SHIBU JOSE
          AGED 51 YEARS
          S/O. M.P. JOSE, MALIAKKAL HOUSE, 7/196, VALLOOR,
          PUTHENPEEDIKA, THRISSUR DISTRICT-680 642.

          BY ADV SUMODH MADHAVAN NAIR



RESPONDENTS:

    1     THE SECRETARY
          ANTHIKKAD GRAMA PANCHAYAT, ANTHIKKAD P.O.,
          THRISSUR DISTRICT-680 641.

    2     THE REVENUE DIVISIONAL OFFICER
          FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
          AYYANTHOLE, THRISSUR-680 003.



          RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23868 OF 2021

                                     2




                                JUDGMENT

The petitioner is the owner in possession of 3.13 Ares of land in

Survey Nos.566/2-6 and 619/PT5 in Block No.18 of Anthikkad Village in

Thrissur Taluk of Thrissur 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.P3 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.

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 2nd 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 entire

proceedings shall be completed within a period of three months from

the date of receipt of a copy of this judgment. The petitioner shall WP(C) NO. 23868 OF 2021

produce a copy of this judgment along with a copy of the writ petition

before the 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23868 OF 2021

APPENDIX OF WP(C) 23868/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.55353587 ISSUED BY THE VILLAGE OFFICE, ANTHIKKAD DATED 22.3.2021.

Exhibit P1(a) TRUE COPY OF THE PAYMENT RECEIPT FOR THE PROPERTY TAX REMITTED BY THE PETITIONER, ISSUED BY THE ANTHIKKADU GRAMA PANCHAYAT DATED 5.5.2020.

Exhibit P1(b) TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER FOR REMITTING THE LAND TAX FOR THE YEAR 2020-2021 DATED 5.4.2021.

Exhibit P1(c) TRUE COPY OF THE PLAN FOR THE PROPOSED WORK OF COMMERCIAL (GROUP F) BUILDING FOR THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ORDER/LETTER NO.B3-1635/2021 DATED 18.6.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM 6 OF THE KERALA CONSERVATION OF PADDY AND WETLAND ACT DATED 8.9.2020.

Exhibit P3(a) TRUE COPY OF THE CHALLAN ISSUED BY THE TREASURY FOR THE PAYMENT FOR RS.1,000/- DATED 8.9.2020.