Ashna Salim vs State Of Kerala
2021 Latest Caselaw 18761 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C) NO. 18383 OF 2021
PETITIONER:

          ASHNA SALIM
          AGED 28 YEARS
          D/O SALIM, RESIDING AT MEENATHUVILAYIL VEEDU (ARAFA),
          KALELIBHAGAM MURI, KALELIBHAGAM MURI, P.O.KARUNAGAPALLY,
          KOLLAM-690 546.

          BY ADVS.
          S.SREEKUMAR (KOLLAM)
          K.VIJAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
          REVENUE, GOVERNMENT OF KERALA,
          THIRUVANANTHAPRUAM-695 001.

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, KOLLAM-691 013.

    3     THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION, KOLLAM-691 013.

    4     THE TAHSILDAR,(LR)
          TALUK OFFICE, KARUNAGAPALLY, KOLLAM-690 518.

    5     THE CONVENOR ,
          LOCAL LEVEL MONITORING COMMITTEE/ AGRICULTURAL OFFICER,
          KRISHIBHAVAN, KARAUNAGAPALLY, KOLLAM-690 518.

    6     THE VILLAGE OFFICER
          KARUNAGAPALLY VILLAGE, KOLLAM-690 518.



          SRI.V.VENUGOPAL-GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18383 OF 2021

                                         2


                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus or such other writ, direction or order compelling the 3rd respondent to consider and pass order on merits in Exhibit P7 application affording opportunity of hearing the petitioner within a time frame to be fixed by this Hon'ble Court.

ii) issue a writ of mandamus or such other writ, direction or order directing the 3rd respondent to change the character of the petitioner's property from Nilam to Dry land in the BTR without insisting the petitioner to file an application under Section 27A of the Paddy and Wet Land Act 2008."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. The petitioner submits that she is the owner in possession of

4.75 ares of property in Re-Survey No.622/4, 622/4-1, 622/4-2, 622/4-3

as covered by Ext.P2 land tax receipt. It is submitted that the property

is lying as dry land filled with coconut trees of the age of 50 and above

for the last more than 50 years and also has a building. It is submitted

that the property is not included in the data bank which fact is

certified by the Village Officer in Ext.P6. It is submitted that the WP(C) NO. 18383 OF 2021

petitioner had, therefore, submitted Ext.P7 application under Section

27A of the Kerala Conservation of Paddy land and Wetland Act, 2008,

seeking conversion of 4.53 ares of the land. The learned counsel for the

petitioner submits that the application has been duly received and

Ext.P8 is the receipt for the payment of the fee in respect of the same.

It is submitted that the application is liable to be considered in

accordance with law.

4. The learned Government Pleader submits that in case the

conversion is sought in respect of a lesser extent of property, a sketch

from the Village Officer or duly attested by the Village Officer is

necessary. The learned counsel for the petitioner submits that such a

sketch has already been submitted along with the application.

Having considered the contentions advanced and without

expressing any view on the merits of the matter, there will be a

direction to the 3rd respondent to take up Ext.P7 application preferred

by the petitioner and to consider and pass orders on the same in

accordance with law, after obtaining all due reports from the

Agricultural Officer and the Village Officer and after considering all

relevant aspects of the matter. Orders shall be passed within a period WP(C) NO. 18383 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 SVP WP(C) NO. 18383 OF 2021

APPENDIX OF WP(C) 18383/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE DEED NO 523/2012 OF KARUNAGAPALLY SRO

Exhibit P2 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 25.8.2021 NO KL02020306251 ISSUED BY THE KARUNAGAPALLY VILLAGE OFFICE

Exhibit P3 THE TRUE PHOTOGRAPHS OF THE PETITIONERS PROPERTY

Exhibit P4 THE COPY OF THE BUILDING TAX DATED 25.8.2021 OF KARUNAGAPAALLY MUNICIPALITY

Exhibit P5 THE TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 25.8.2021 ISSUED BY THE KARUNAGAPPALLY MUNICIPALITY

Exhibit P6 THE TRUE COPY OF THE REPORT ISSUED BY THE 6TH RESPONDENT DATED 25.9.2020

Exhibit P7 THE TRUE COPY OF THE APPLICATION FILED UNDER FORM 6 DATED 25.8.2020

Exhibit P8 THE TRUE COPY OF THE CHALLAN RECEIPT DATED 24.8.20