Mary Nimmy vs State Of Kerala
2021 Latest Caselaw 22472 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                        WP(C) NO. 24469 OF 2021
PETITIONER:

    1     MARY NIMMY
          AGED 32 YEARS
          D/O. T.G.GEORGE, THIRUNILATHU HOUSE, KADAVANDARA,
          KADAVANDARA P.O., ERNAKULAM DISTRICT-682020.

    2     JOSE ANTO GEORGE,
          S/O. T.G.GEORGE, THIRUNILATHU HOUSE, KADAVANDARA,
          KADAVANDARA P.O., ERNAKULAM DISTRICT-682020.

          BY ADVS.
          K.J.MANU RAJ
          K.VINAYA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     REVENUE DIVISIONAL OFFICER,
          FORTKOCHI, 1ST FLOOR, K.B.JACOB ROAD, ERNAKULAM-682001.

    3     THE TAHSILDAR,
          ELAMKULAM VILLAGE, KANAYANOOR TALUK, KADAVANTHARA P.O.,
          ERNAKULAM DISTRICT-682020.

    4     THE VILLAGE OFFICER,
          ELAMKULAM VILLAGE, GANDHINAGAR ROAD, KADAVANTHARA P.O.,
          ELAMKULAM, ERNAKULAM-682020.

    5     AGRICULTURE OFFICER,
          KRISHI BHAVAN, ELAMKULAM VILLAGE, KANAYANOOR TALUK,
          KADAVANTHARA P.O., ERNAKULAM DISTRICT-682020.

          SRI.APPU.P.S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24469 OF 2021

                                      2



                               JUDGMENT

The 1st and 2nd petitioners are the owners in possession of 2.43

Ares of land in Survey No.819/2-3-2-3 and 2.43 Ares of land in Survey

No.819/2-3-2-5 respectively in Elamkulam Village of Kanayannur

Taluk in Ernakulam District. It is submitted that the property of the

petitioners is dry land and the same is not suitable for paddy cultivation

and is not included in the data bank. The petitioners confines their relief

for an expeditious consideration of Exts.P3 and P3(a) applications 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 2nd respondent to take up Exts.P3

and P3(a) applications, 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 WP(C) NO. 24469 OF 2021

Village Officer. The entire proceedings shall be completed within a

period of four months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 24469 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DOCUMENT NO.286/1/2021 DATED 28.1.2021 OF SRO, ERNAKULAM.

Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 16.3.2021.

Exhibit P2(A) A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 16.3.2021.

Exhibit P3 A TRUE COPY OF THE FORM 6 DATED 22.7.2021 APPLICATION FILED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3(A) A TRUE COPY OF THE FORM 6 DATED 22.7.2021 APPLICATION FILED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE TREASURY CHALLAN RECEIPT DATED 22.7.2021 TO THE 1ST PETITIONER.

Exhibit P4(A) A TRUE COPY OF THE TREASURY CHALLAN RECEIPT DATED 22.7.2021 TO THE 2ND PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL