John M.C vs The District Collector
2022 Latest Caselaw 1931 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. 5584 OF 2022
PETITIONER:

     1        JOHN M.C.,
              AGED 54 YEARS
              S/O. LATE CHACKO M.V., MULLANKUZHIL HOUSE, MEMURY,
              PAMPAKUDA POST, ERNAKULAM-686667.
     2        LISSY JOHN,
              AGED 49 YEARS
              W/O.JOHN, , MULLANKUZHIL HOUSE, MEMURY, PAMPAKUDA POST,
              ERNAKULAM-686667.
              BY ADVS.
              VINU CHAND
              C.R.VINOD KUMAR
              GEEVARGHESE MATHEW
RESPONDENTS:

     1        THE DISTRICT COLLECTOR,
              COLLECTORATE, KAKKANAD, ERNAKULAM-682030.
     2        THE REVENUE DIVISIONAL OFFICER,
              MUVATTUPUZHA, ERNAKULAM-686673.
     3        THE VILLAGE OFFICER,
              ONAKKOOR VILLAGE, ANCHALPETTY, ERNAKULAM-686667.
     4        THE AGRICULTURAL OFFICER,
              KRISHIBHAVAN, PAMPAKUDA, ERNAKULAM-686667.
              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. 5584 OF 2022

                                       2


                                 JUDGMENT

Dated this the 18th day of February, 2022

The petitioners are the owners in possession of a total extent of 23.33

Ares of land in Survey Nos.750/7-2-3 and 751/1-D-1-4 in Block No.1 of

Onakkoor Village, Muvattupuzha Village Taluk, Ernakulam District. Out

of the above land, 8.09 Ares of land is described as 'nilam' in the revenue

records. It is submitted that the property of the petitioners is an unnotified

land and the same is not suitable for paddy cultivation and is not included

in the data bank. The petitioners confines their relief for an expeditious

consideration of Ext.P4 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.P4 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 WP(C) NO. 5584 OF 2022

inputs including the report of the Village Officer. The entire proceedings

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

of a copy of this judgment.

3. The learned counsel for the petitioners submits that in view of the

Government Order dated 25.02.2021 and the amended provisions of the

2008 Act, the Rules and the fee schedule appended thereto, no amounts are

liable to be paid by the petitioners as fees, since the extent of the property

is less than 25 cents. These aspects shall also be duly considered by the

respondents.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5584 OF 2022

APPENDIX OF WP(C) 5584/2022

PETITIONERS' EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE TAX PAID RECEIPT OF THE ABOVE PROPERTY DATED 04/01/2021, ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE ACTUAL LIE AND NATURE AS WELL AS THE PRESENT APPEARANCE OF THE PROPERTIES.

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 27/07/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED 14/09/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT REVENUE DIVISIONAL OFFICER.

Exhibit P5 A TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 26/10/2021.

RESPONDENTS' EXHIBITS: NIL