Citation : 2021 Latest Caselaw 21981 Ker
Judgement Date : 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 24093 OF 2021
PETITIONER:
MUHAMMED KUTTY
AGED 55 YEARS
S/O. MARAKKAR, RESIDING AT KODIYIL HOUSE, KUMBIDY P.O,
PALAGHAT 679 553
BY ADVS.
THOMAS JOHN AMBOOKEN
B.SAJEEV KUMAR
BLOSSOM MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,
GOVT.SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE DISTRICT COLLECTOR,
PALAKKAD, CIVIL STATION, PALAKKAD 678 001
3 THE REVENUE DIVISIONAL OFFICER,
OTTAPAALAM, REVENUE DIVISION OFFICE, PALAKKAD 679 101
4 THE TAHSILDAR,(LR)
PATTAMBI TALUK, MINI CIVIL STATION, PATTAMBI 679 303
5 THE VILLAGE OFFICER
ANNAKKARA VILLAGE OFFICE, KUMBIDY P.O, PALAKKAD 679 553
SRI.APPU.P.S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24093 OF 2021
2
JUDGMENT
The petitioner is the owner in possession of 12.14 Ares of land in
Survey No.118/3A of Anakkara Village in Pattambi Taluk of Palakkad
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.P4 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.
2. 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 3rd 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 two months from the date of receipt of a copy
of this judgment.
WP(C) NO. 24093 OF 2021
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 24093 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1/2002 OF KUMARANELLOR SRO
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 27-10-2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF BUILDING TAX RECEIPT DATED 16-09-
2021 BY ANAKKARA PANCHAYAT RECEIVED ONLINE
Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 08-
02-2019 SENT BY THE PETITIONER TO THE 3RD RESPONDENT ALONG WITH CHALAN.
RESPONDENT'S/S EXHIBITS: NIL
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