Sreekanth Devaraj vs The District Collector
2022 Latest Caselaw 1572 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                        WP(C) NO. 5003 OF 2022
PETITIONER:

          SREEKANTH DEVARAJ
          AGED 38 YEARS
          S/O. P.R.DEVARAJ, PRANAVAM, JRA-36A, TC 16/711/2,
          THYKAD, THIRUVANANTHAPURAM-695014.

          BY ADVS.
          N.KRISHNA RAJA MAULI
          RENI JAMES
          BINIYAMIN K.S.



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD,
          THIRUVANANTHAPURAM-695043.

    2     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISIONAL OFFICE, 1ST FLOOR, CIVIL STATION
          ROAD, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695043.

    3     THE TAHSILDAR,
          THIRUVANANTHAPURAM TALUK OFFICE, NEAR EXCISE OFFICE,
          EAST FORT, PAZHAVANGADI, THIRUVANANTHAPURAM-695023.

    4     THE VILLAGE OFFICER,
          THIRUMALA VILLAGE OFFICE, MANGATTUKADAVU THIRUMALA
          ROAD, TV NAGAR, NEAR THIRUMALA JUNCTION,
          THIRUVANANTHAPURAM-695006.

    5     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, THIRUVANANTHAPURAM CORPORATION,
          SAPHALYAM COMPLEX, UNIVERSITY OF KERALA SENATE HOUSE
          CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695034.
 WP(C) NO. 5003 OF 2022

                                       2

             PRINCY XAVIER-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.02.2022,    THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 5003 OF 2022

                                 3


                            JUDGMENT

The petitioner is the owner in possession of 14.71 Ares of land

in Survey No.32/1 in Block No.029 of Thirumala 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 2 nd 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 data bank and obtaining all necessary inputs including the

report of the Village Officer. The entire proceedings shall be WP(C) NO. 5003 OF 2022

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 SVP WP(C) NO. 5003 OF 2022

APPENDIX OF WP(C) 5003/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 23.5.2021.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF THIRUVANANTHAPURAM CORPORATION.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 1.12.2021.

Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 1.12.2021.

Exhibit P5 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 28.12.2021.