Citation : 2022 Latest Caselaw 2065 Ker
Judgement Date : 23 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
WP(C) NO. 5991 OF 2022
PETITIONERS:
1 MOHANDAS
AGED 47 YEARS
SON OF NARAYANAN,
JANAKI BHAVAN, VELLOORKUNNAM KARA,
MARKET P.O., ERNAKULAM, PIN - 686673
2 VISHNUDAS
AGED 20 YEARS
SON OF MOHANDAS
JANAKI BHAVAN, VELLOORKUNNAM KARA,
MARKET P.O., ERNAKULAM, PIN - 686673
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
MANASI.M
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA
MINI CIVIL STATION, MUDAVOOR P.O.,
ERNAKULAM DISTRICT, PIN - 686669
2 THE TAHSILDAR
MUVATTUPUZHA TALUK OFFICE, MINI CIVIL STATION,
MUVATTUPUZHA P.O, ERNAKULAM, PIN - 686673
3 THE VILLAGE OFFICER
VELLOORKUNNAM VILLAGE OFFICE, MUVATTUPUZHA,
ERNAKULAM, PIN - 686673
PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5991 OF 2022
2
JUDGMENT
The 1st petitioner is the father of the 2nd petitioner and minor son.
The minor son along with 2nd petitioner are the owners in possession of
6.88 Ares of land in Survey Nos.834/6A-2 and 834/6B-6 in Block No.1 of
Velloorkkunnam Village in Muvattupuzha Taluk of Ernakulam District.
Since the children were minors, the 1st petitioner was managing the
property. It is submitted that the property of the petitioners is lying as
'Purayidam' and the same is not suitable for paddy cultivation and is not
included in the data bank. The petitioners confine their 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 1 st 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 nature and extent of
the property and after verifying the data bank and obtaining all necessary WP(C) NO. 5991 OF 2022
inputs including the report of the Village Officer. The entire proceedings
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 SVP WP(C) NO. 5991 OF 2022
APPENDIX OF WP(C) 5991/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPTS DATED 04.08.2021 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE 2ND PETITIONER AND MINOR SON SHAMBHUDAS
Exhibit P2 TRUE COPY OF THE ORDER DATED 17.10.2021 ISSUED BY THE RDO
Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE RDO DATED 04.12.2021
Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT DATED 04.12.2021
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