Kerala High Court
Jeeva Properties And Developers ... vs State Of Kerala on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 12698 OF 2021
PETITIONER:
JEEVA PROPERTIES AND DEVELOPERS INDIA (P) LIMITED,
ASRA-106, THRIKKAKARA P.O.KAKKAND, REPRESENTED BY
MANAGING DIRECTOR, VEENA SHIBU, KANDARATH VEEDU,
EDAVANAKKAD, KOCHI-683 502.
BY ADVS.
K.P.SANTHI
SARIMOL KAREETHARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD,
ERNAKULAM, KOCHI-682 030.
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI-682 001.
4 THE TAHSILDAR,
PARAVUR TALUK, PARAVUR-683 515.
5 THE LOCAL LEVEL MONITORING COMMITTEE,
KRISHI BHAVAN, KUNNUKARA, ERNAKULAM-683 578,
REPRESENTED BY ITS CONVENER.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.12698/2021
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.12698 of 2021
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Dated this the 24th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or such other writ,
direction or order compelling the 3rd respondent
to conclude the proceedings in Exhibits P3 and P6
application affording opportunity of hearing to the
petitioners within a time frame to be fixed by this
Honourable Court granting permission to develop
the land.
ii. Declare that the entry in the BTR is to be
corrected as purayidom in respect of 40.25 ares
and 20.45 ares of land comprised in Survey No.
131/1A2 of Puthenvelikkara Village in Parur
Taluk, Ernakulam District.
iii. Issue such other writ, direction or order as is
deemed just and necessary in the facts, features
and circumstances of the case.
(SIC)
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that she will
be satisfied if a direction is issued to the 3 rd respondent to
consider and pass appropriate orders in Ext.P3 and P6.
W.P.(C).No.12698/2021
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think this prayer can be
allowed.
Therefore, this writ petition is disposed of in the
following manner:
1. The 3rd respondent is directed to consider and
pass appropriate orders in Exts.P3 and P6, as
expeditiously as possible, at any rate, within
two months from the date of receipt of a copy
of this judgment.
2. The contentions regarding the applicability of
Section 27A of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 in the light
of the judgment of this Court in Josegold
Traders and Jewellers Pvt. Ltd. v. Tahsildar
and Another [2020 (1) KHC 865] is also be
considered by the 3rd respondent while
deciding the matter.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.12698/2021
APPENDIX OF WP(C) 12698/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE DATED
3.1.1996 ISSUED BY THE KUNNUKARA GRAMA
PANCHAYAT
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 27.12.1996 ISSUED TO
KUNHUMUHAMMED FORMER OWNER
Exhibit P3 TRUE COPY OF THE APPLICATION DATED
30.1.2015 SUBMITTED TO THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
26.2.2015 IN WPC NO 6098 OF 2015 OF
THIS HONOURABLE COURT
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED
22.6.2016 OF THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
6.2.2018 SUBMITTED TO THE 3RD
RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
2.3.2018 IN WPC NO 6231 OF 2018 OF
THIS HONOURABLE COURT
Exhibit P8 TRUE COPY OF THE GAZETTE PUBLICATION
DATED 6.12.2018 REGARDING REMOVAL OF
ENTRY IN THE DATA BANK
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
1.12.2019 TO THE 3RD RESPONDENT
