Marykutty Jose vs The District Collector
2021 Latest Caselaw 23710 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. 26967 OF 2021
PETITIONER:

              MARYKUTTY JOSE
              AGED 55 YEARS
              W/O JOSE JOSE THOMAS, 9/186, AYILOOKUNNEL HOUSE,
              KUSUMAGIRI P.O, KAKKANAD, ERNAKULAM, PIN-682030.
              BY ADVS.
              N.KRISHNA RAJA MAULI
              N.G.ANITHA
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
     2        THE REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, GROUND FLOOR, PATTIMATTOM,
              MUVATTUPUZHA ROAD, MUVATTUPUZHA, ERNAKULAM-686673.
     3        THE TAHSILDAR,
              KOTHAMANGALAM TALUK OFFICE, FOURTH FLOOR, REVENUE TOWER,
              SH 16, KOTHAMANGALAM, ERNAKULAM-686666.
     4        THE VILLAGE OFFICER
              POTHANIKKAD VILLAGE OFFICE, POTHANIKKAD,
              ERNAKULAM-686671.
     5        THE AGRICULTURAL OFFICER,
              POTHANIKKAD KRISHI BHAVAN, POTHANIKKAD, ERNAKULAM-686671.
              SRI.JACOB E SIMON, 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. 26967 OF 2021

                                      2




                                JUDGMENT

The petitioner is the owner in possession of 3.44 Ares of land in

Survey Nos.817/3-2-9-6 and 817/3-2-9-7 of Pothanikkadu Village,

Kothamangalam Taluk, Ernakulam District. It is submitted that the

property of the petitioner is lying as garden land and the same was

included in the data bank. The petitioner has submitted Ext.P3 application

in Form 5 and by Ext.P6, the 2nd respondent has issued order removing the

property from the data bank. The petitioner confines his relief for an

expeditious consideration of Ext.P4 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 Ext.P4 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 WP(C) NO. 26967 OF 2021

inputs including the report of the Village Officer. The entire proceedings

shall be 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 NP WP(C) NO. 26967 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 13.11.2020. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 16.02.2021. Exhibit P4 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 30.07.2021. Exhibit P5 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 27.01.2021.

Exhibit P6 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 22.10.2021 REMOVING THE PROPERTY FROM THE DATA BANK, ALONG WITH THE TYPE WRITTEN COPY OF EXHIBIT P6 ORDER.

Exhibit P7 TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 20.10.2021 ALONG WITH THE TYPE WRITTEN COPY OF REPORT.

RESPONDENT'S/S EXHIBITS: NIL