Shine P. M vs State Of Kerala
2021 Latest Caselaw 22645 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                        WP(C) NO. 23437 OF 2021
PETITIONER:

          SHINE P. M.
          AGED 39 YEARS
          S/O. P. T. MOHANAN (LATE), PADATHUPARAMBIL HOUSE,
          CHITTATTUKARA, VADAKEKKARA P. O., NORTH PARVOOR,
          ERNAKULAM DISTRICT, PIN - 683522.

          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, PIN - 682030.

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

    5     LOCAL LEVEL MONITORING COMMITTEE
          (REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER)
          KRISHI BHAVAN, CHITTATTUKARA, ERNAKULAM - 683522.

    6     AGRICULTURAL OFFICER
          KRISHI BHAVAN, CHITTATTUKARA, ERNAKULAM - 683522.

          SRI.APPU.P.S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23437 OF 2021

                                     2




                               JUDGMENT

The petitioner is the owner in possession of 19.42 Ares of land in

Survey No.224/2 in Block No.1 of Vadakekkara Village in North

Paravur Taluk of Ernakulam 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.P2 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 4th respondent to take up the Ext.P2

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 WP(C) NO. 23437 OF 2021

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. 23437 OF 2021

APPENDIX OF WP(C) 23437/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A COPY OF THE REPLY AS PER RIGHT TO INFORMATION ACT ISSUED BY THE 6TH RESPONDENT DATED 10.10.2019 ALONG WITH ITS RIGHT TO INFORMATION APPLICATION DATED 04.10.2019.

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 DATED 23.11.2020 AND POSTAL ACKNOWLEDGMENT CARD.

Exhibit P3 A COPY OF DOCUMENT NO.6383/2001 DATED 29/12/2001 OF PARAVOOR SUB REGISTRAR OFFICE.

Exhibit P4 A COPY OF THE TAX RECEIPT DATED 10/5/2019 ISSUED FROM VADAKEKKARA VILLAGE OFFICE.

Exhibit P5 A COPY OF THE RELEVANT PAGES OF DATA BANK REGISTER PUBLISHED IN GAZETTE DATED 24/3/2012

RESPONDENTS' EXHIBITS: NIL