Askar Gulab Ali vs The Revenue Divisional Officer
2022 Latest Caselaw 446 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                          WP(C) NO. 1116 OF 2022
PETITIONER:

              ASKAR GULAB ALI
              AGED 47 YEARS
              S/O. KUNHIKOYA THANGAL, A-113. ASHOKA APARTMENT,
              MARINE DEIVE, ERNAKULAM P.O., COCHIN-682 031,
              REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
              MR.SAFVAN .M.V, AGED 27 YEARS, S/O MUTHUKOYA THANGAL.K,
              BAITHUL MADHEENA, POST MOORIYAD, KUTHUPARAMBA,
              MANANTHERI, KANNUR-670 643
              BY ADVS.
              SHINU J.PILLAI
              S.SUJA
              MARIYA RAJAN
              AKHILESH A.K.
              LEKSHMI SUMUKHAN
RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              FIRST FLOOR, KB JACOB RD, FORT KOCHI,
              KOCHI, KERALA-682 001
     2        VILLAGE OFFICER,
              THRIKKAKARA NORTH VILLAGE, KOONAMTHAI,
              PADIVATTOM, ERNAKULAM, KERALA-682 024
     3        STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001
              SMT.VINITHA B, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1116 OF 2022

                                       2




                                JUDGMENT

Dated this the 13th day of January, 2022

The petitioner and his wife are the owners in possession of 4.65 Ares

of land in Survey No.687/21 in Block No.5 of Thrikkakara North Village,

Kanayannur Taluk of Ernakulam District. It is submitted that the property

of the petitioner is lying as dry 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.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 1st respondent to take up Ext.P3 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. 1116 OF 2022

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 NP WP(C) NO. 1116 OF 2022

APPENDIX OF WP(C) 1116/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 18.11.2021 Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 05.01.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 06.09.2021 ALONG WITH THE ACKNOWLEDGMENT RECEIPT RECEIVED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RTI REPLY ISSUED BY THE 1ST RESPONDENT OFFICE DATED 18.11.2021 Exhibit P5 TRUE COPY OF THE NOTIFICATION NO.1166/2021/REV DATED 25.02.2021 RESPONDENTS' EXHIBITS: NIL