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Dony George vs State Of Kerala
2021 Latest Caselaw 22686 Ker

Citation : 2021 Latest Caselaw 22686 Ker
Judgement Date : 19 November, 2021

Kerala High Court
Dony George vs State Of Kerala on 19 November, 2021
               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. 25948 OF 2021
PETITIONERS:


    1     DONY GEORGE
          AGED 46 YEARS
          S/O. P.V.GEORGE, IX/1, PULICKAL HOUSE, BAKER HILLS,
          KOTTAYAM-686 001.

    2     NISHA PAUL
          AGED 42 YEARS
          W/O. DONY GEORGE, IX/1, PULICKAL HOUSE, BAKER HILLS,
          KOTTAYAM-686 001.

          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          JENNIS STEPHEN
          VIJAY V. PAUL
          KARTHIKA MARIA
          ANIL SEBASTIAN PULICKEL
          JAISY ELZA JOE



RESPONDENTS:


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

    2     REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI-682 001.

    3     AGRICULTURAL OFFICER
          KRISHI BHAVAN, VYTILLA, ERNAKULAM, KERALA-682 019.

    4     VILLAGE OFFICER
          EDAPPALLY SOUTH VILLAGE OFFICE, VENNALA, ERNAKULAM,
          KERALA-682 028.
 WP(C) NO. 25948 OF 2021         2

             RIYAL DEVASSY-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. 25948 OF 2021                3


                                  JUDGMENT

The petitioners are the owners in possession of 3.21 Ares of land in

Survey No.101/18A-13 in Block No.1 of Edapally south Village in Kanayannur

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

petitioners is lying as dry land and the same is not suitable for paddy

cultivation and is not included in the data bank. The petitioners confine

their 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.

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 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 and taking note of Ext.P4

Government order. 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 SVP

APPENDIX OF WP(C) 25948/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.KL07022401954/2021 DATED 5.2.2021 IN FAVOUR OF THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 8.11.2021 SUBMITTED BY THE PETITIONERS AFTER PAYING THE REQUISITE FEES OF RS.1000/- BY WAY OF TREASURY CHALLAN.

Exhibit P4 TRUE COPY OF THE SAID G.O(ORDINARY) NO.116/2021/REVENUE DATED 25.2.2021.

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.7711.

 
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