Bijoe Thomas P vs State Of Kerala
2022 Latest Caselaw 1586 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. 4953 OF 2022
PETITIONER:

              BIJOE THOMAS P.,
              AGED 55 YEARS
              S/O.P.A.THOMAS (LATE), PERUMPRAYIL HOUSE,
              MYTHRI-9, ROSE LANE, THOTTAKKATTUKARA P.O.,
              ERNAKULAM DISTRICT, PIN-683108.
              BY ADVS.
              AVANEESH KOYIKKARA
              NEENA BASIL
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2        LAND REVENUE COMMISSIONER,
              COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING,
              MUSEUM JN., THIRUVANANTHAPURAM-695033.
     3        DISTRICT COLLECTOR,
              ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD DPOST,
              ERNAKULAM DISTRICT, PIN-682030.
     4        REVENUE DIVISIONAL OFFICER, FORT KOCHI,
              REVENUE DIVISIONAL OFFICE, KB JACOB RD., FORT KOCHI,
              KOCHI HEAD POST, ERNAKULAM-682001.
     5        LOCAL LEVEL MONITORING COMMITTEE,
              (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER),
              KRISHI BHAVAN, KADUNGALLOOR, ALUVA,
              ERNAKULAM DISTRICT, PIN-683110.
     6        AGRICULTURAL OFFICER,
              KRISHI BHAVAN, KADUNGALLOOR, ALUVA,
              ERNAKULAM DISTRICT, PIN-683110.
              SMT.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. 4953 OF 2022

                                       2




                                JUDGMENT

Dated this the 15th day of February, 2022

The petitioner is the owner in possession of 4.14 Ares of land in

Survey No.198/2B-10 in Block No.1 of Kadungalloor Village, Paravur

Taluk of Ernakulam 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.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 4th 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 WP(C) NO. 4953 OF 2022

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 NP WP(C) NO. 4953 OF 2022

APPENDIX OF WP(C) 4953/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 17.1.2022 ISSUED FROM KADUNGALLOOR VILLAGE OFFICE. Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF DATA BANK REGISTER PUBLISHED IN GAZETTE DATED 2.3.2021.

Exhibit P3 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24.1.2022.

Exhibit P3(a) A COPY OF THE FEE PAYMENT CHALLAN OF EXT.P3 DATED 17.1.2022.

Exhibit P3(b) A COPY OF THE POSTAL RECEIPT OF EXT.P3. Exhibit P3(c) A COPY OF THE CONSIGNMENT TRACKING DETAILS OF EXT.P3.

RESPONDENTS' EXHIBITS: NIL