Nobert Karikkassery vs State Of Kerala
2022 Latest Caselaw 2543 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                          WP(C) NO. 7092 OF 2022
PETITIONER:

              NOBERT KARIKKASSERY,
              AGED 74 YEARS
              S/O. GEORGE (LATE),
              KARIKKASSERY HOUSE, MALIPURAM P.O.,
              ERNAKULAM DISTRICT 682 511.
              BY ADVS.
              AVANEESH KOYIKKARA
              NEENA BASIL
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY,
              REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM 695 001.
     2        LAND REVENUE COMMISSIONER,
              COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE BUILDING,
              MUSEUM JN, THIRUVANANTHAPURAM 695 033.
     3        DISTRICT COLLECTOR,
              ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD POST,
              ERNAKULAM DISTRICT 682 030.
     4        REVENUE DIVISIONAL OFFICER,
              FOR KOCHI, REVENUE DIVISIONAL OFFICE, KB JACOB RD, FORT
              KOCHI, KOCHI HEAD POST, ERNAKULAM 682001.
     5        LOCAL LEVEL MONITORING COMMITTEE,
              (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER),
              KRISHI BHAVAN, ELANKUNNAPUZHA, MALIPURAM P.O.,
              ERNAKULAM 682 511.
     6        AGRICULTURAL OFFICER,
              KRISHI BHAVAN, ELANKUNNAPUZHA, MALIPURAM P.O.,
              ERNAKULAM 682 511.
              SMT.VINEETHA B, SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7092 OF 2022

                                      2


                               JUDGMENT

Dated this the 4th day of March, 2022

The petitioner is the owner in possession of 34.51 Ares of land in

Survey No.648/15 in Block No.9 of Elamkunnapuzha Village, Kochi

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.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 4th 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. 7092 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. 7092 OF 2022

APPENDIX OF WP(C) 7092/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A COPY OF THE TAX RECEIPT DATED 30.05.2018 ISSUED FROM ELAMKUNNAPUZHA VILLAGE OFFICE. Exhibit P2 A COPY OF THE RELEVANT PAGES OF DATA BANK REGISTER PUBLISHED IN GAZETTE DATED 24.03.2012 Exhibit P3 THE TRUE COPY OF FORM 7 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 24.11.2020 Exhibit P3(a) A COPY OF THE FEE PAYMENT CHALLAN OF EXT.P3 DATED 24.11.2020.

RESPONDENTS' EXHIBITS: NIL