John M.C vs The District Collector
2022 Latest Caselaw 1944 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. 5581 OF 2022
PETITIONERS:

     1       JOHN M.C.,
             AGED 54 YEARS
             S/O. LATE CHACKO M.V., MULLANKUZHIL HOUSE, MEMURY,
             PAMPAKUDA POST, ERNAKULAM-686667.
     2       REJI JACOBE,
             AGED 50 YEARS
             S/O. JACOBE, POTHANATTU HOUSE, PUTTUMANUR,
             PUTHENKURISH POST, ERNAKULAM-682308.
             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,
             MEMURY VILLAGE, PAMPAKUDA, ERNAKULAM-686667.
     4       THE AGRICULTURAL OFFICER,
             KRISHIBHAVAN, PAMPAKUDA, ERNAKULAM-686667.
             SMT.PRINCY XAVIER-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. 5581 OF 2022

                                      2




                                JUDGMENT

Dated this the 18th day of February, 2022

The petitioners are the owners in possession of 5.54 Ares of land in

Survey No.914/5A-2-3 in Block No.1 of Memury Village, Muvattupuzha

Village Taluk, Ernakulam District. 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

inputs including the report of the Village Officer. The entire proceedings WP(C) NO. 5581 OF 2022

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. 5581 OF 2022

APPENDIX OF WP(C) 5581/2022

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE TAX PAID RECEIPT OF THE PROPERTY DATED 13/04/2020, 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 29/07/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COY 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 30/10/2021.

RESPONDENTS' EXHIBITS: NIL