Venugopalan Kartha vs The Revenue Divisional Officer
2021 Latest Caselaw 23690 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 24373 OF 2021
PETITIONER:

          VENUGOPALAN KARTHA
          AGED 86 YEARS
          S/O. IRAVI NARAYANAN KARTHA, SOUPARNIKA, MADHURI
          JUNCTION, KOOTHATTUKULAM, ERNAKULAM DISTRICT.

          BY ADVS.
          P.K.SAJEEVAN
          O.U.ANISH RAJ
          K.A.ABDUL NISTAR
          RADHAKRISHNAN B.
          JINISHLAL S.B.
          HUMAYUN KABER



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA, PIN-686 673.

    2     TAHSILDAR (LR)
          MUVATTUPUZHA TALUK, MUVATTUUZHA-686 673.

    3     THE VILLAGE OFFICER
          VELLOORKUNNAM, MUVATUPUZHA-686 673.



          RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24373 OF 2021

                                   2


                            JUDGMENT

The petitioner is the owner in possession of 2.02 Ares of land

in Survey No.527/28-3 of Velloorkunnam Village in Muvattupuzha

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

the petitioner is lying as converted 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.P5 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 1st 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. The entire proceedings shall be WP(C) NO. 24373 OF 2021

completed within a period of three months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 24373 OF 2021

APPENDIX OF WP(C) 24373/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PARTITION DEED NO.5155/99 DATED 5.11.1999.

Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.9.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 3.9.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK.

Exhibit P4(a) TRUE COPY OF THE SKETCH.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 16.4.2021 IN FORM NO.6 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT.

Exhibit P5(a) TRUE COPY OF THE CHALAN RECEIPT DATED 15.4.2021.

Exhibit P6 TRUE COPY OF THE INSPECTION REPORT OF THE 3RD RESPONDENT DATED 1.7.2021.

Exhibit P7 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 1.7.2021.

Exhibit P8 TRUE COPY OF THE FAIRE VALUE REPORT OF THE 3RD RESPONDENT DATED 2.7.2021.

Exhibit P9 TRUE COPY OF THE EXTRACT OF THE DETAILED THANDAPER LEDGER DATED 2.7.2021.