Vinod Nainan vs The District Collector
2022 Latest Caselaw 4638 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                WP(C) NO. 14277 OF 2022
PETITIONER:

         VINOD NAINAN, AGED 66 YEARS
         S/O. V. I. NAINAN, VADAKKEPARAMBIL HOUSE,
         NEAR OPPOOTTIL JUNCTION,
         KOTTAYAM - 686001.
         BY ADVS.
         N.KRISHNA RAJA MAULI
         RENI JAMES
         N.S.REHNA
         BINIYAMIN K.S.


RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         COLLECTORATE, KOTTAYAM - KUMILY RD,
         KOTTAYAM - 686002.
    2    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, SECOND FLOOR,
         MINI CIVIL STATION, UNION CLUB ROAD,
         PUTHENANGADY, KOTTAYAM - 686001.
    3    THE TAHSILDAR, KOTTAYAM TALUK OFFICE,
         FIRST FLOOR, MINI CIVIL STATION,
         UNION CLUB ROAD, PUTHENANGADY,
         KOTTAYAM - 686 001.
    4    THE VILLAGE OFFICER,
         VIJAYAPURAM VILLAGE OFFICE,
         VADAVATHOOR - MOSCO ROAD, VADAVATHOOR P.O.,
         KOTTAYAM - 686010.
    5    THE AGRICULTURAL OFFICER,
         VIJAYAPURAM KRISHI BHAVAN, VIJAYAPURAM,
         KOTTAYAM - 686018.


         GP: SMT SURYA BINOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14277 of 2022
                                          2



                             VIJU ABRAHAM, J
                       .......................................
                        W.P.(C) No.14277 of 2022
                    ................................................
                  Dated this the 22 nd day of April, 2022

                                    JUDGMENT

The petitioner is the owner in possession of a total

extent of 6.88 Ares of land of which properties are

comprised in different survey numbers i.e., 40/12-6,

40/12-7, 40/12-9 and 40/9-2 in Block No.23 of

Vijayapuram Village in Kottayam Taluk of Kottayam

District. Said property of the petitioner is not included

in the data bank. It is submitted that the property of

the petitioner is mentioned as 'nilam' in the revenue

records. The petitioner confines his relief for an

expeditious consideration of Exts.P3, P3(A) and P3(B)

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, before the 2nd respondent.

2. I have heard the learned counsel for the petitioner as WP(C) NO.14277 of 2022

well as the learned Government Pleader.

3. In the nature of the limited request made by the

petitioner, the writ petition is disposed of directing the

2nd respondent to take up Exts.P3, P3(A) and P3(B)

applications, consider and pass orders on the same,

after considering all relevant aspects of the matter

including nature and extent of the property 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 months from the date of receipt of a copy of

this judgment.

The writ petition is disposed of.

Sd/-

VIJU ABRAHAM, JUDGE

AMV/23/04/2022 WP(C) NO.14277 of 2022

APPENDIX OF WP(C) 14277/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 04.02.2022.

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 04.02.2022.

Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DATED 04.02.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK ISSUED BY THE VIJAYAPURAM GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 17.03.2022 ALONG WITH SURVEY SKETCH.

Exhibit P3 A TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 15.03.2022 ALONG WITH SURVEY SKETCH.

Exhibit P3 B TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 17.03.2022 ALONG WITH SURVEY SKETCH.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 17.03.2022.

Exhibit P4 A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 17.03.2022.

Exhibit P4 B TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF STATUTORY FEE DATED 17.03.2022.

RESPONDENTS EXHIBITS : NIL

TRUE COPY