Chekkini Nair vs State Of Kerala
2022 Latest Caselaw 1380 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                          WP(C) NO. 3203 OF 2022


PETITIONER:

              CHEKKINI NAIR
              AGED 58 YEARS
              S/O. KUNHIRAMAN,
              KOOMULLI HOUSE, MODAKKALLUR P.O, KOZHIKODE.
              PIN - 673323

              BY ADVS.
              T.D.SUSMITH KUMAR
              C.SIVADAS
              T.O.DEEPA



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM.
              PIN - 695001

     2        REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, PWD REST HOUSE,
              OLD BUSTAND, VATAKARA, KOZHIKODE., PIN - 673101


OTHER PRESENT:

              PRINCY XAVIER-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3203 OF 2022                  2




                                 JUDGMENT

Dated this the 1st day of February, 2022

The petitioner is the owner in possession of 12.75 Ares of land in

Resurvey No.23/5A in Block No.3 of Atholi Village in Koyilandy Taluk

of Kozhikode District. It is submitted that the property of the petitioner is

lying as dry 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.P4 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 2nd respondent to take up Ext.P4

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) 3203/2022

PETITIONER EXHIBITS

Exhibit1 A TRUE COPY OF THE DEED NO. 2016/1992 OF NADUVANNUR SUB REGISTRAR OFFICE DATED 17-08- 1992.

Exhibit2 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.K DIS 1630/2021 DATED 01-12-2021 ISSUED FROM ATHOLI VILLAGE OFFICE.

Exhibit3 A TRUE COPY OF THE ORDER NO.G-2481/2019 DATED 10-01-2021 ON THE FILE OF THE 2ND RESPONDENT.

Exhibit4 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 13-10-2021 SUBMITTED BY THE PETITIONER.

Exhibit5 A TRUE COPY OF CHALLAN NO. KL 01822600 7202122M DATED 08-12-2021 ISSUED BY THE TREASURY OFFICER, VATAKARA.