Citation : 2021 Latest Caselaw 22686 Ker
Judgement Date : 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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