Dr.Shameem Majeedh vs The District Collector
2021 Latest Caselaw 23733 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. 27001 OF 2021
PETITIONER:

              DR.SHAMEEM MAJEEDH,
              AGED 50 YEARS
              W/O. MUHAMMAD MANSOOR, T.C. 86/788-1, KALPPAKASSERY,
              CHAKKA JUNCTION, PETTAH, THIRUVANANTHAPURAM-695 024.
              BY ADVS.
              N.KRISHNA RAJA MAULI
              N.G.ANITHA
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD,
              THIRUVANANTHAPURAM-695 043.
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, CIVIL STATION,
              KUDAPPANAKKUNNU, THIRUVANANTHAPURAM 695 043.
     3        THE TAHSILDAR,
              THIRUVANANTHAPURAM TALUK OFFICE, TALUK OFFICE ROAD,
              NEAR EXCISE OFFICE, FORT, EAST FORT, PAZHAVANGADI,
              THIRUVANANTHAPURAM-695 023.
     4        THE VILLAGE OFFICER,
              PETTAH VILLAGE OFFICE, PALAYAM-AIRPORT ROAD, PETTAH,
              THIRUVANANTHAPURAM-695 024.
     5        AGRICULTURAL OFFICER,
              KADAKAMPALLY KRISHI BHAVAN, ANAYARA,
              THIRUVANANTHAPURAM-695 029.
              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. 27001 OF 2021

                                       2




                                JUDGMENT

The petitioner is the owner in possession of 5.3 Ares of land in

Survey Nos.115/A1 and 115/B of Pettah Village, Thiruvananthapuram

Taluk, Thiruvananthapuram 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 Ext.P3 application,

consider and pass orders on the same, after considering all relevant aspects

of the matter including the identity of the property 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 WP(C) NO. 27001 OF 2021

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. 27001 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 05.06.2020. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK. Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 26.03.2021. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 25.03.2021.

Exhibit P5 TRUE COPY OF THE REPORT DATED 01.07.2021 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL