Dr.Smitha Sivadas vs State Of Kerala
2022 Latest Caselaw 4124 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 13156 OF 2022
PETITIONER:

          DR.SMITHA SIVADAS
          AGED 46 YEARS
          W/O HAREESH. D/O KOCHUPARAMBIL SIVADASAN NAIR, PUTHIYA
          PURAYIL HOUSE, SOUTH BAZAR, IBRAHIMKUTTY ROAD, KANNOOR
          KANNOOR DISTRICT
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, SECRETARIAT, DEPARTMENT OF
          AGRICULTURE, THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, UP HILL, MALAPPURAM, MALAPPURAM DISTRICT,
          PIN-676 504.
    3     THE REVENUE DIVISIONAL OFFICER
          CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
          MALAPPURAM DISTRICT, PIN-676 101
    4     THAHSILDAR,
          TALUK OFFICE, TIRURANGADI, MALAPPURAM DISTRICT,
          PIN-676 306.
    5     TALUK SURVEYOR,
          TALUK OFFICE, TIRURANGADI, MALAPPURAM DISTRICT,
          PIN-676 306.
    6     THE VILLAGE OFFICER
          MOONNIYUR VILLAGE OFFICE, VELIMUKKU SOUTH
          P.O.MALAPPURAM DISTRICT, KERALA, PIN-676 311.
    7     AGRICULTURAL OFFICER,
          CONVENOR OF LOCAL LEVEL MONITORING COMMITTEE, MOONIYOOR
          GRAMA PANCHAYATH, MOONIYOOR , MALAPPURAM DISTRICT,
          KERALA, PIN-676 317


          BY SMT.VINITHA B-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.13156 OF 2022

                                        2


                                 JUDGMENT

Dated this the 7th day of April, 2022

Petitioner is the co-owner of 11.81 Ares of

land in Survey No.337/5-2 of Munniyoor Village in

Thirurangadi Taluk of Malappuram 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.

Petitioner confines her 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

3rd 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 documents

relating to the property, the data bank and obtaining all WP(C) NO.13156 OF 2022

necessary inputs including the report of the Village

Officer as well as after verifying the records of the

property and nature and extent of the property.

Petitioner shall produce a copy of the writ petition along

with a copy of the judgment before the 3rd respondent

for compliance. The entire proceedings shall be

completed within a 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 ska WP(C) NO.13156 OF 2022

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT DATED 8.7.2021 ISSUED BY THE 6TH RESPONDENT

Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 8.9.2021

Exhibit P3 TRUE COPY OF THE STATUTORY FEES REMITTANCE RECEIPT MADE BY THE PETITIONER

RESPONDENT'S/S EXHIBITS: NIL