Dr.Thomas K.Eapen vs The Revenue Divisional Officer
2022 Latest Caselaw 4315 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. 13159 OF 2022
PETITIONER:

              DR.THOMAS K.EAPEN
              AGED 61 YEARS
              S/O K.T.EAPEN, NILAKKAL KANJIRAPPALLIL HOUSE,
              ANAPRAMPAL THEKKUMKARAYIL MURI, THALAVADY,
              ALAPPUZHA-689 572

              BY ADVS.
              V.N.HARIDAS
              SAIFUDEEN T.S
              M.MANU



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              OFFICE OF THE REVENUE DIVISION OFFICE, 1ST FLOOR,
              KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695 043.

     2        LOCAL LEVEL MONITORING COMMITTEE,
              REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER,
              AGRICULTURAL OFFICE, KUDAPPANAKKUNNU ,
              THIRUVANANTHAPURAM-695 043.


OTHER PRESENT:

              SMT.PRINCY XAVIER-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. 13159 OF 2022                2




                                 JUDGMENT

The petitioner is the owner in possession of 4.46 Ares of land in

Survey No.88 in Block No.50 of Kowdiar Village in

Thiruvananthapuram Taluk of Thiruvananthapuram 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. The petitioner confines his relief for an expeditious

consideration of Ext.P3 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 1st respondent to take up Ext.P3

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

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 13159/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 13.9.2021 ISSUED BY THE KOWDIAR VILLAGE OFFICE

Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO 64/22 ISSUED BY KOWDIAR VILLAGE OFFICE DATED NIL

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 6 BEFORE THE 1ST RESPONDENT DATED 19.3.2022

Exhibit P4 A TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER ALONG WITH THE FORM 6 APPLICATION DATED 19.3.2022

Exhibit P5 A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF REQUISITE FEE ALONG WITH THE FORM 6 DATED 19.3.2022