Citation : 2021 Latest Caselaw 21340 Ker
Judgement Date : 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 23648 OF 2021
PETITIONERS:
1 V.G.SUNDARAN
AGED 52 YEARS
S/O GOPALAKRISHNAN, VELIPARAMBIL HOUSE,
KANIMANGALAM.P.O,
PALISSERY,THRISSUR-680027.
2 K.N.SINDHU,
W/O.V.G.SUNDARAN, VELIMPARAMBIL HOUSE,
KANIMANGALAM.P.O,
PALISSERY, THRISSUR-680027.
BY ADVS.
RAVI KRISHNAN
K.VINAYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE REVENUE DIVISIONAL OFFICER,
RDO OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
AYYANTHOLE, THRISSUR DISTRICT-680003.
3 THE TAHSILDAR(LR),
CHEMBUKAVU, THRISSUR DISTRICT-680020.
4 THE VILLAGE OFFICER,
PANANCHERY VILLAGE, THRISSUR TALUK, PANANCHERRY.P.O,
THRISSUR DISTRIC,PIN-680652.
RIYAL DEVASSY-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23648 OF 2021
2
JUDGMENT
The 1st petitioner is the absolute owner in possession of 3.3 Ares of
land in Survey No.50/2-1-3 in Block No.78 of Panancherry Village in
Thrissur Taluk of Thrissur District. The 2nd petitioner is the absolute
owner in possession of 3.3 Ares of land in Survey No.50/2-1-4 in Block
No.78 of Panancherry Village in Thrissur Taluk of Thrissur District. It is
submitted that the properties of the petitioners are lying as dry land and
are not suitable for paddy cultivation and are not included in the data
bank. The petitioners confine their relief for an expeditious
consideration of Exts.P4 and P5 applications 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 2 nd respondent to take up the
applications, 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 period of three WP(C) NO. 23648 OF 2021
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. 23648 OF 2021
APPENDIX OF WP(C) 23648/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTERED DOCUMENT NO.669/I/2019 DATED 5.4.2019 OF SRO OLLUKARA
Exhibit P1(A) TRUE COPY OF THE REGISTERED DOCUMENT NO.670/I/2019 DATED 5.4.2019 OF SRO OLLUKKARA
Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 1ST PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 11.08.2021
Exhibit P2(A) A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE 2ND PETITIONER BY THE 4TH RESPONDENT DATED 11.08.2021
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER BY THE 4TH RESPONDENT DATED 21.6.2019
Exhibit P3(A) A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE 4TH RESPONDENT DATED 21.06.2019
Exhibit P4 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 6.9.2021.
Exhibit P4(A) A TRUE COPY OF THE TREASURY CHALAN DATED 6.9.2021 ISSUED TO THE 1ST PETITIONER
Exhibit P5 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 6.9.2021.
Exhibit P5(A) A TRUE COPY OF THE TREASURY CHALA DATED 6.9.2021 ISSUED TO THE 2ND PETITIONER.
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