Gigi vs District Collector, Ernakulam
2021 Latest Caselaw 23418 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                         WP(C) NO. 26494 OF 2021
PETITIONER:

              GIGI,
              AGED 47 YEARS
              D/O.SREEDHARAN, KUNNATHARAPARAMBIL,
              RESIDING AT PULIKKAPARAMBIL, KODUVAZHANGA,
              NEERICODE P.O., ALANGAD VILLAGE, PARAVUR TALUK,
              ERNAKULAM DISTRICT, PIN-683 511.
              BY ADV V.N.SUNIL KUMAR
RESPONDENTS:

     1        DISTRICT COLLECTOR,
              ERNAKULAM,CIVIL STATION, KAKKANAD,
              ERNAKULAM, PIN-682 030.
     2        REVENUE DIVISIONAL OFFICER,
              RDO OFFICE, FORT KOCHI, PIN-682 001.
     3        AGRICULTURAL OFFICER,
              KRISHI BHAVAN, ALANGAD, PIN-683 511.
              SRI.RIYAL DEVASSY, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26494 OF 2021

                                      2




                                JUDGMENT

The petitioner is the owner in possession of 4.96 Ares of land in

Survey No.254/6-3 in Block No.1 of Alangad Village, Paravur Taluk of

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

lying as garden 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.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 Ext.P3 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 four months from the date of receipt WP(C) NO. 26494 OF 2021

of a copy of this judgment. The petitioner shall produce a copy of the writ

petition along with a copy of this judgment before the 2 nd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 26494 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REGISTERED PARTNERSHIP DEED NO.5296/1996 OF ALANGAD SUB REGISTRAR OFFICE. Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 07.04.2017 OF ALANGAD VILLAGE OFFICE. Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON 22.03.2021 FOR CHANGING THE CLASSIFICATION OF LAND FROM NILAM TO PURAYIDAM.

Exhibit P4 TRUE COPY OF THE CHALAN DATED 22.03.2021 FOR REMITTING REQUIRED FEE.

Exhibit P5 BANK PREPARED BY THE LOCAL LEVEL MONETARY COMMITTEE OF THE AREA. TRUE COPY OF THE EXTRACT OF RELEVANT PAGES OF GAZETTE DATED 24.03.2012 SHOWING THE NOTIFICATION OF DATA BANK ISSUED BY THE 3RD RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL