Jaimy Thomas vs State Of Kerala
2021 Latest Caselaw 21406 Ker

             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. 22557 OF 2021
PETITIONER:
           JAIMY THOMAS,
           AGED 57 YEARS
           KOCHERY HOUSE, AMICHAKARY, CHAMPAKULAM P.O,
           ALAPPUZHA DIST., PIN-688 505

          BY ADV AVANEESH KOYIKKARA



RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

    2     THE LAND REVENUE COMMISSIONER,
          COMMISSIONERATE LAND REVENUE, PUBLIC OFFICE BUILDING,
          MUSEUM JN, THIRUVANANTHAPURAM-695 033.

    3     THE DISTRICT COLLECTOR,
          ALAPPUZHA BESIDE ZILLA PANCHAYAT OFFICE, CIVIL STATION
          WARD, ALAPPUZHA 688 001.

    4     REVENUE DIVISIONAL OFFICER,
          ALAPPUZHA , REVENUE DIVISIONAL OFFICE, THONDANKULANGARA
          P.O, ALAPPUZHA 688 013.

    5     LOCAL LEVEL MONITORING COMMITTEE
          (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER),
          KRISHI BHAVAN, CHAMPAKULAM, MONKAMBU, THEKKEKKARA P.O,
          ALAPPUZHA DISTRICT-688 505

    6     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, CHAMPAKULAM, MONKAMBU, THEKKEKKARA P.O,
          ALAPPUZHA DISTRICT-688 505



          APPU.P.S.-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. 22557 OF 2021

                                    2


                                JUDGMENT

The petitioner is the owner in possession of 5.80 Ares of land in

Survey No.102/6-2-6 (old Survey No.232/20) in Block No.026 of

Champakkulam Village in Kuttanad Taluk of Alapuzha District. It is

submitted that the property of the petitioner is lying as dry land and

the same is not suitable for paddy cultivation. It is submitted that by

Ext.P1 order dated 31.08.2021, the property has been removed from the

data bank. The petitioner, thereafter, preferred Ext.P2 application and

confines his relief for an expeditious consideration of Ext.P2 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 4th 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 period of WP(C) NO. 22557 OF 2021

four months from the date of receipt of a copy of this judgment. The

petitioenr shall produce a copy of the judgment along with a copy of

this writ petition before the 4th respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 22557 OF 2021

APPENDIX OF WP(C) 22557/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. KDIS-8066/2020/G DATED 31.08.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24.09.2021 ALONG WITH ITS FEE PAYMENT CHALLAN DATED 22.09.2021 AND POSTAL ACKNOWLEDGMENT CARD.