Salavudhin K.K vs Revenue Divisional Officer
2022 Latest Caselaw 3375 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                       WP(C) NO. 5552 OF 2022
PETITIONER:

          SALAVUDHIN K.K.
          AGED 62 YEARS
          S/O.KASIM, KARIPARAMBIL HOUSE, IRINJALAKUDA,
          THRISSUR DISTRICT, PIN-680121.
          BY ADVS.
          V.M.KRISHNAKUMAR
          P.R.REENA
          P.S.SIDHARTHAN
RESPONDENT:

          REVENUE DIVISIONAL OFFICER
          IRINJALAKUDA, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          CIVIL STATION ANNEXE, IRINJALAKUDA,
          THRISSUR DISTRICT, PIN-680125.
          SMT.PRINCY XAVIER-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5552 OF 2022

                                      2


                               JUDGMENT

Dated this the 22nd day of March, 2022

The petitioner is the owner in possession of a total extent of 16.32

Ares of land in Survey Nos.108/1-2, 81/1-2, 81/6-1 and 83/2-1 of

Irinjalakuda Village, Mukundapuram Taluk of Thrissur District. It is

submitted that the property of the petitioner is lying as garden 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.P4 application in Form No.6 under Section 27A of

the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking

permission for use of an extent of 2.5 cents of land for other purposes. It

is submitted that the petitioner has effected constructions in the

property. But, without obtaining orders on Ext.P4 application, no

further steps are being taken by the Panchayat.

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 respondent to take up Ext.P4

application, consider and pass orders on the same, after considering all WP(C) NO. 5552 OF 2022

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 shall be completed within a period of

two 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 respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 5552 OF 2022

APPENDIX OF WP(C) 5552/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT FOR PETITIONER'S PROPERTY DATED 05.07.2021. Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)11642 OF 2016 DATED 25.05.2017 Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PREPARED BY THE LOCAL LEVEL MONITORING COMMITTEE, IRINJALAKUDA.

Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT FOR THE APPLICATION FILED BY THE PETITIONER HAVING NO.B2/1510/22 DATED 19.01.2022.

RESPONDENTS' EXHIBITS: NIL