Vineetha Kartha vs The Revenue Divisional Officer
2021 Latest Caselaw 23770 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. 24304 OF 2021
PETITIONERS:

    1     VINEETHA KARTHA,
          AGED 56 YEARS
          D/O.UNNIKRISHNAN KARTHA, MURALIKA, EDAYATH HOUSE,
          ELOOR NORTH P.O., COCHIN-682 306.

    2     VIVEK KARTHA,
          AGED 51 YEARS
          S/O.UNNIKRISHNAN KARTHA, FLAT NO.2 B, MANSHION
          KARISHMA, NEAR PASSPORT OFFICE, PANAMPILLY NAGAR,
          KOCHI-682 036.

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



RESPONDENTS:

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

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

    3     THE VILLAGE OFFICER, VELLOORKUNNAM,
          MUVATTUPUZHA-686 673.


     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. 24304 OF 2021

                                   2


                             JUDGMENT

The petitioners are the owners in possession of 2.02 Ares of

land in Survey No.527/28-2 of Velloorkunnam Village in

Muvattupuzha Taluk of Ernakulam District. It is submitted that the

property of the petitioners is lying as converted land and the same

is not suitable for paddy cultivation and is not included in the data

bank. The petitioners confine their 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 1 st 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 completed within a WP(C) NO. 24304 OF 2021

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. 24304 OF 2021

APPENDIX OF WP(C) 24304/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY PARTITION DEED NO.5155/1999.

Exhibit P2 TRUE COPY OF THE LEGAL RELATION CERTIFICATE OF LATE UNNIKRISHNAN KARTHA ISSUED FROM NADAMA VILLAGE, TRIPUNITHURA DATED 19.05.2015.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT OF THE ABOVE PROPERTY DATED 03.09.2020 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 16.04.2021 IS IN FORM NO.6 FOR THE PURPOSE OF COVERED BY EXT.P3 SUBMITTED TO THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE CHALAN RECEIPT DATED 15.04.21.

Exhibit P6 TRUE COPY OF THE INSPECTION REPORT OF THE 3RD RESPONDENT DATED 02.07.21.

Exhibit P7 TRUE COPY OF THE ABOVE REPORT DATED 02.07.21.

Exhibit P8 TRUE COPY OF THE FAIR VALUE OF THE 3RD RESPONDENT DATED 02.07.21.

Exhibit P9 TRUE COPY OF THE EXTRACT OF THE DETAILED THANDAPER LEDGE DATED 02.07.21.