Citation : 2022 Latest Caselaw 3390 Ker
Judgement Date : 22 March, 2022
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. 23443 OF 2021
PETITIONER:
RENUKA.J
AGED 36 YEARS
W/O. SIVAPRASAD.S., PUTHENCHENKULATH HOUSE,
THAZHAVA P.O., KARUNAGAPPILLY,
KOLLAM DISTRICT, PIN-690 523
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JN, THIRUVANANTHAPURAM-695 033
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KOLLAM, PIN-691 013
4 REVENUE DIVISIONAL OFFICER,
KOLLAM, REVENUE DIVISIONAL OFFICE,
CIVIL STATION P.O., KOLLAM-691 013
5 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER ),
KRISHI BHAVAN, KARUNAGAPPALLY,
ERNAKULAM DIST., PIN-690 518
6 AGRICULTURAL OFFICER,
KRISHI BHAVAN, KARUNAGAPPALLY,
ERNAKULAM DIST., PIN-690 518
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. 23443 OF 2021
2
JUDGMENT
Dated this the 22nd day of March, 2022
The petitioner is the owner in possession of 19.95 Ares of land in
Survey No.243/2 in Block No.10 of Karunagappally Village,
Karunagappally Taluk of Kollam 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 her relief for an expeditious consideration of Ext.P2
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 4th respondent to take up Ext.P2
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 shall be completed within a period of WP(C) NO. 23443 OF 2021
three 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. 23443 OF 2021
APPENDIX OF WP(C) 23443/2021
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE LETTER DATED 20.03.2021 ISSUED BY THE 6TH RESPONDENT ALONG WITH THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT Exhibit P2 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 04.04.2021 ALONG WITH ITS FEE PAYMENT CHALLAN DATED 31.03.2021 AND POSTAL ACKNOWLEDGMENT CARD Exhibit P3 A COPY OF DOCUMENT NO. 1438/2018 DATED 22.6.2018 OF KARUNAGAPALLY SUB REGISTRAR OFFICE.
Exhibit P4 A COPY OF THE TAX RECEIPT DATED 9.8.2019 ISSUED FROM KARUNAGAPALLY VILLAGE OFFICE. Exhibit P5 A COPY OF THE RELEVANT PAGES OF DATA BANK PUBLISHED IN GAZETTE DATED 28.1.2021 Exhibit P6 A COPY OF THE BASIC TAX REGISTER. RESPONDENTS' EXHIBITS: NIL
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