Citation : 2022 Latest Caselaw 680 Ker
Judgement Date : 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
W.P.(C) NO.1337 OF 2022
PETITIONER:
VARGHESE P.A.,
AGED 62 YEARS, S/O.ANTHONY,
PUTHOOR AYNIKKAL HOUSE,
IRINJALAKUDA NORTH P.O., PIN-680 125.
BY ADVS.
TISSY ROSE K CHERIYAN
KEERTHANA.V
RANJANA V.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOL, 1ST FLOOR,
CIVIL LINES ROAD, KALYAN NAGAR P.O.,
THRISSUR DISTRICT, PIN-680 003.
3 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, IRINJALAKUDA,
THRISSUR DISTRICT, PIN-680 125.
4 THE TAHASILDAR,
IRINJALAKUDA TALUK, MINI CIVIL STATION,
IRINJALAKUDA NORTH P.O., THRISSUR DISTRICT,
PIN-680 125.
5 VILLAGE OFFICER,
VILLAGE OFFICE, KARLAM,
THRISSUR DISTRICT, PIN-680 127.
SMT.PRINCY XAVIER, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.1337 OF 2022
-2-
JUDGMENT
The petitioner is the owner in possession of total extent of
71.560 cents comprised of 14.51 Ares of land in Survey
No.1272/3-1 and 14.46 Ares of land in Survey No.1272/3-2 in
Thandapper No.8364 in Karlam Village of Mukundapuram Taluk in
Thrissur 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
intends to change the nature of only 64.350 cents of land in the
above Survey numbers. The petitioner confines his relief for an
expeditious consideration of Ext.P1 application in Form No.7 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 3rd respondent Revenue
Divisional Officer 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 W.P.(C) NO.1337 OF 2022
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. The
petitioner shall produce a copy of the writ petition along with a
copy of this judgment before the 3rd respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE bpr W.P.(C) NO.1337 OF 2022
APPENDIX PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPLICATION DATED 10.12.2021 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 10.12.2021 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE SUBMISSION OF EXT.P1 APPLICATION.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE POSTAL RECEIPT.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE POSTAL RECEIPT.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE POSTAL RECEIPT.
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