M/S. Concord Enterprises vs The District Collector
2022 Latest Caselaw 1626 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. 4937 OF 2022
PETITIONER:

              M/S. CONCORD ENTERPRISES,
              EMIR PLAZA, NEAR ST. FRANCIS CHURCH,
              KALOOR-KADAVANTHRA ROAD, KOCHI-682017,
              REPRESENTED BY ITS MANAGING PARTNER, PREM KISHAN.
              BY ADVS.
              P.A.MOHAMMED ASLAM
              MOHAMMED MUBARAK A.I.
              MRUDHUL.M.SHENOY
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              1ST FLOOR, CIVIL STATION, ECHAMUKU,
              KUNNUMPURAM, KAKKANAD.
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, FORT KOCHI.
     3        THE TAHSILDAR,
              KANAYANNUR TALUK OFFICE, PARK AVE, NEAR SUBHASH PARK,
              MARINE DRIVE, KOCHI.
     4        THE VILLAGE OFFICER,
              ELAMAKULAM VILLAGE OFFICE, ELAMKULAM.
     5        THE LOCAL LEVEL MONITORING COMMITTEE,
              REPRESENTED BY AGRICULTURAL OFFICER, KRISHI BHAVAN,
              VYTTILLA, ERNAKULAM.
              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. 4937 OF 2022

                                       2




                                JUDGMENT

Dated this the 15th day of February, 2022

The petitioner is the owner in possession of 3.73 Ares of land in

Survey Nos.188/1-26 and 188/1-27 of Elamkulam Village, Kanayannur

Taluk of Ernakulam District. It is submitted that the property of the

petitioner is lying as converted 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 2nd 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. 4937 OF 2022

shall be completed within a period of four months from the date of receipt

of a copy of this judgment. The petitioner shall produce a copy of the writ

petition along with a copy of this judgment before the 2 nd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 4937 OF 2022

APPENDIX OF WP(C) 4937/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 16/04/2021. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK. Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 19/11/2021. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 10/11/2021.

RESPONDENTS' EXHIBITS: NIL