T.Vinodhini vs The District Collector
2022 Latest Caselaw 1925 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          WP(C) NO. 5500 OF 2022
PETITIONER:

              T.VINODHINI,
              AGED 58 YEARS
              W/O. ARAVINDAKSHAN, GEENTHANJALI, ENNAMBALATHPARAMBU,
              CHEVAYUR P.O., KOZHIKODE-673017.
              BY ADVS.
              N.KRISHNA RAJA MAULI
              RENI JAMES
              BINIYAMIN K.S.
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              KOZHIKODE COLLECTORATE, WAYANAD ROAD, CIVIL STATION,
              ERANHIPPALAM, KOZHIKODE-673020.
     2        THE REVENUE DIVISIONAL OFFICER,
              REVENUE DIVISIONAL OFFICE, CIVIL STATION JUMA MASJID,
              SH 29, ERANHIPPALAM, KOZHIKODE-673020.
     3        THE TAHSILDAR,
              KOZHIKODE TALUK OFFICE, WAYANAD ROAD, CIVIL STATION,
              ERANHIPPALAM, KOZHIKODE-673020.
     4        THE VILLAGE OFFICER,
              CHEVAYUR VILLAGE OFFICE, NGO QUARTERS, CHEVAYUR,
              KOZHIKODE-673012.
     5        THE AGRICULTURAL OFFICER,
              PUTHIYARA KRISHI BHAVAN, PUTHIYARA,
              AGRICULTURAL COMPLEX, KOZHIKODE-673004.
              SMT.VINITHA B-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5500 OF 2022

                                        2




                                 JUDGMENT

Dated this the 18th day of February, 2022

The petitioner is the owner in possession of 4.47 Ares of land in

Survey No.210/38 of Chevayur Village, Kozhikode Taluk of Kozhikode

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 her 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. 5500 OF 2022

shall be 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 NP WP(C) NO. 5500 OF 2022

APPENDIX OF WP(C) 5500/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25/01/2021. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FOR 6 BEFORE THE 2ND RESPONDENT DATED 06/12/2021. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 12/04/2021.

RESPONDENTS' EXHIBITS: NIL