Ebrahim.C.M vs The Revenue Divisional Officer
2022 Latest Caselaw 255 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                          WP(C) NO.7680 OF 2019
PETITIONER :-

             EBRAHIM.C.M., AGED 61 YEARS
             S/O.LATE MOHAMMED, CHATHENKERIL HOUSE,
             NETTOOR P.O., ERNAKULAM DISTRICT, PIN - 682 040.

             BY ADVS.
             JOBI.A.THAMPI
             SMT.M.KABANI DINESH


RESPONDENTS :-

      1      THE REVENUE DIVISIONAL OFFICER
             FORT KOCHI, ERNAKULAM-682 001.

      2      THE DISTRICT COLLECTOR,
             ERNAKULAM, CIVIL STATION, KAKKANAD, PIN - 682 030.

      3      THE TAHSILDAR,
             NORTH PARAVOOR, KACHERIPADY, NORTH PARAVOOR,
             ERNAKULAM.

      4      THE LOCAL LEVEL MONITORING COMMITTEE,
             REPRESENTED BY THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, KADUNGALLOOR, MUPPATHADOM,
             ERNAKULAM DIST.

      5      THE VILLAGE OFFICER,
             KADUNGALLOOR, MUPPATHADAM, ERNAKULAM DISTRICT.

             BY SRI.VINITHA B, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    11.01.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.7680 OF 2019

                              -: 2 :-


                           JUDGMENT

Dated this the 11th day of January, 2022

The petitioner is the owner in possession of 20.22 Ares of

property in Survey Nos.338/9-4, 338/10A2 and 338/10A1 of

Kadungalloor Village in Paravoor Taluk of Ernakulam District.

It is submitted that the property of the petitioner is a garden

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

not included in the data bank. The petitioner confines his

relief to an expeditious consideration of Ext.P7 application in

Form No.6 under the provisions of the Kerala Conservation of

Paddy land and Wetland Act and Rules, 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 data bank and obtaining all necessary inputs

including the report of the Village Officer. The entire WP(C) NO.7680 OF 2019

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

Jvt/11.1.2022 WP(C) NO.7680 OF 2019

APPENDIX OF WP(C) 7680/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO 1170/1/2014 OF THE ALANGAD SUB REGISTRAR OFFICE

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO 2950/1/1998 OF THE ALANGAD SUB REGISTRAR OFFICE

EXHIBIT P3 TRUE COPY OF THE BAISC TAX RECEIPT DATED 16.6.2018 ISSUED BY THE VILLAGE OFFICER, KADUNGALLOOR

EXHIBIT P4 TRUE COPY OF THE APPLICATION AND CHALLAN SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH ACKNOWLEDGMENT

EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT WITH ACKNOWLEDGMENT DATED 24.10.2017

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 22.10.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT/ALONG WITH THE ACKNOWLEDGMENT

Exhibit P7 PHOTOSTAT COPY OF FORM NO.6 SUBMITTED BY THE PETITIONER DATED 20/3/2021.

Exhibit P7(a) POSTAL ACKNOWLEDGMENT OF THE 1ST RESPONDENT.