Citation : 2022 Latest Caselaw 1597 Ker
Judgement Date : 15 February, 2022
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.3259 OF 2022
PETITIONER :-
SAJEEVAN V.P., AGED 52 YEARS
S/O.PRABHAKARAN, FLAT NO.5083,
SAPHIRE, SHOBHA CITY, PUZHAKKAL,
THRISSUR, PIN-680 553.
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
RESPONDENTS :-
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, AYYANTHOLE, 1ST FLOOR,
CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE,
THRISSUR DISTRICT, PIN-680 003.
3 THE REVENUE DIVISIONAL OFFICER
CIVIL STATION ANNEXE, IRIJNALAKUDA,
THRISSUR DISTRICT, PIN-680 125.
4 THE VILLAGE OFFICER
KURUVILASSERY VILLAGE, THRISSUR DISTRICT,
PIN-680 732.
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, MALA,
THRISSUR DISTRICT, PIN-680 732.
6 LOCAL LEVEL MONITORING COMMITTEE
(UNDER KERALA CONSERVATION OF PADDY LAND AND WETLAND
ACT, 2008) REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, KRISHI BHAVAN,
MALA, THRISSUR DISTRICT, PIN-680 732.
BY 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.3259 OF 2022
-: 2 :-
JUDGMENT
Dated this the 15th day of February, 2022
The petitioner is the owner in possession of 1 Hectare 3.93
Ares of land in Survey Nos.171/1, 171/2, 171/6, 171/4-1, 172/2-1,
171/7-1 and 172/2 of Kuruvilassery Village in Chalakudy Taluk of
Thrissur District. It is submitted that the property of the
petitioner is not suitable for paddy cultivation and is not
included in the data bank. The petitioner confines his relief for
an expeditious consideration of the Form 7 application
submitted by him, which is evident from Ext.P1 receipt issued by
the office of the RDO, Irinjalakkuda, under the provisions 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 3rd 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, the report submitted by the Agricultural Officer
and obtaining all necessary inputs including the report of the
Village Officer. The entire proceedings shall be completed within WP(C) NO.3259 OF 2022
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
Jvt/17.2.2022 WP(C) NO.3259 OF 2022
APPENDIX OF WP(C) 3259/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 12.04.2021 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE SUBMISSION OF THE FORM 7 APPLICATION.
Exhibit P2 A TRUE COPY OF LOCATION SKETCH OF THE PETITIONER'S PROPERTY.
Exhibit P3 A TRUE COPY OF COMMUNICATION OF 5TH RESPONDENT DATED 30.11.2021 TO THE 3RD RESPONDENT.
Exhibit P4 A TRUE COPY OF COMMUNICATION OF 5TH RESPONDENT.
Exhibit P5 A TRUE COPY OF THE TAX PAID RECEIPT DATED 28.04.2021 OF THE PROPERTY OF THE PETITIONER.
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