Kuriakose T.G vs Revenue Divisional Officer
2022 Latest Caselaw 1079 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                           WP(C) NO. 638 OF 2022
PETITIONER:

              KURIAKOSE T.G.
              AGED 40 YEARS
              S/O.GEORGE T.V., KILUTHATTIL HOUSE, THENATTUMOOLA,
              THENGODE P.O., KAKKANAD, ERNAKULAM DISTRICT,
              PIN - 682 030.

              BY ADVS.
              SUJITH MATHEW JOSE
              ELIZEBATH GEORGE



RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER
              FORT KOCHI - 682 001.

     2        VILLAGE OFFICER
              VILLAGE OFFICER, KAKKANAD - 682 030.


OTHER PRESENT:

              VINITHA B-SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 638 OF 2022                 2




                               JUDGMENT

The petitioner is the owner in possession of 10.82 Ares of land in

Survey Nos.46/14-3 in Block No.7 of Kakkanad Village in 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.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 1 st 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 shall be completed within a period of four

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 638/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.2026/2015 DATED 16/06/2015, OF THRIKKAKARA SRO.

Exhibit P2 TRUE COPY OF THE CURRENT LAND TAX RECEIPT DATED 23/04/2021.

Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE FORM-6 APPLICATION DATED 14/08/2021.

Exhibit P5 TRUE COPY OF THE CHALLAN RECEIPT FOR RS.1000/-.

Exhibit P6 TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE AUTHORISED SURVEYOR.

Exhibit P7 TRUE COPY OF THE RECEIPT NO.11028 DATED 22/08/2021 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT.