Liraz Builders & Property ... vs State Of Kerala
2021 Latest Caselaw 23424 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. 26496 OF 2021
PETITIONERS:

     1     LIRAZ BUILDERS & PROPERTY DEVELOPERS PVT. LTD
           ROYAL TOWERS, DOOR NO. 41/113E, MAROTTICHODU ROAD,
           EDAPALLY, ERNAKULAM - 682024, REPRESENTED BY ITS
           AUTHORISED SIGNATORY, MR. SANAL P.C.
     2     GANYA REALTORS & DEVELOPERS PVT LTD,
           ROYAL TOWERS, DOOR NO. 41/113E, MAROTTICHODU ROAD,
           EDAPALLY, ERNAKULAM - 682024, REPRESENTED BY ITS
           AUTHORISED SIGNATORY, MR. SANAL P.C.
           BY ADVS.
           SANTHOSH MATHEW
           ARUN THOMAS
           JENNIS STEPHEN
           VIJAY V. PAUL
           KARTHIKA MARIA
           ANIL SEBASTIAN PULICKEL
           JAISY ELZA JOE
           ABI BENNY AREECKAL
           LEAH RACHEL NINAN
RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
           AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
     2     REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE, FORT KOCHI, KOCHI - 682001.
     3     AGRICULTURAL OFFICER,
           KRISHI BHAVAN, KUMBALAM, PANANGAD P.O,
           ERNAKULAM - 682506.
     4     VILLAGE OFFICER,
           KUMBALAM VILLAGE OFFICE, PANANGAD,
           ERNAKULAM, KERALA - 682506.
           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. 26496 OF 2021

                                      2




                                JUDGMENT

The petitioners are the owners in possession of 55.63 Ares of land in

Survey No.5/3-3 in Block No.15 of Kumbalam Village, Kanayannur Taluk

of Ernakulam District. The petitioners confines their relief for an

expeditious consideration of Exts.P3 and P4 applications in Form No.5

and From No.7 under the Kerala Conservation of Paddy land and Wetland

Act, 2008, seeking deletion of entry relating to the subject property from

the data bank and seeking permission for use of land for other purposes.

According to the petitioner, the property is unfit for any cultivation and

has been erroneously included in the data bank.

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 initially consider Ext.P3

application (Form No.5), after obtaining and verifying all relevant inputs

including the report of the Agricultural Officer and to pass appropriate

orders thereon within a period of three months from the date of receipt of a WP(C) NO. 26496 OF 2021

copy of this judgment. If orders are passed excluding the property from

the data bank, then, Ext.P4 application (Form No.7) shall also be taken up

for consideration and appropriate orders shall be passed thereon within a

period of four months thereafter. The RDO shall consider all relevant

matters and shall obtain reports from the concerned Village Officer as

well. The petitioners shall produce a copy of the writ petition along with a

copy of this judgment before the 2nd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 26496 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO.

KL07021509206/2021 DATED 01.11.2021 IN FAVOUR OF THE PETITIONERS.

Exhibit P1(a) TRUE COPY OF THE RESOLUTION DATED 18.11.2021 PASSED AT THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE 1ST PETITIONER COMPANY AUTHORISING MR. SANAL P.C TO APPEAR ON BEHALF OF THE 1ST PETITIONER WITH RESPECT TO THE SUBJECT PROPERTY BEFORE THE HIGH COURT OF KERALA, Exhibit P1(b) TRUE COPY OF THE RESOLUTION DATED 13.10.2021 PASSED AT THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE 2ND PETITIONER COMPANY AUTHORISING MR. SANAL P.C TO APPEAR ON BEHALF OF THE 2ND PETITIONER WITH RESPECT TO THE SUBJECT PROPERTY BEFORE THE HIGH COURT OF KERALA, Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PREPARED FOR KRISHI BHAVAN, KUMBALAM. Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 11.11.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT SEEKING PERMISSION FOR EXCLUSION OF THE SUBJECT PROPERTY FROM EXT.P2 DATABANK.

Exhibit P4 TRUE COPY OF THE FORM 7 APPLICATION DATED 08.11.2021 SUBMITTED BY THE 1ST PETITIONER AFTER PAYING THE REQUISITE FEES OF RS. 1000/- BY WAY OF TREASURY CHALLAN.

RESPONDENT'S/S EXHIBITS: NIL