Balakrishnan vs The Revenue Divisional Officer
2022 Latest Caselaw 3447 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. 9573 OF 2022
PETITIONER:

          BALAKRISHNAN,
          AGED 54 YEARS
          S/O.NARAYANAN, THEKKANCHERRY HOUSE, PORKKALAM VILLAGE,
          THALAPPILLY THALUK, THRISSUR DISTRICT, PIN-680 542.

          BY ADV D.VIMAL DEV



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          THRISSUR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
          THRISSUR, PIN-680 003.

    2     KATTAKAMBAL GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, PORKULAM KATTAKAMBAL
          ROAD, PENGAMUCK, KUNNAMKULAM, THRISUSR, PIN-680 544.

    3     THE VILLAGE OFFICER, PAZHANJI KATTAKAMBAL,
          PORKULAM KATTAKAMBAL ROAD, PENGAMUCK, KUNNAMKULAM,
          THRISSUR, PIN-680 544.



          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. 9573 OF 2022

                                    2


                                JUDGMENT

The petitioner is the owner in possession of 3.51 Ares of land in

Survey No.6686/0-1 in Block No.2 of Pazhanji Village in Kunnamkulam

Taluk of 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

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

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 1 st respondent 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 after verifying the nature and extent of the property 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. 9573 OF 2022

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 9573 OF 2022

APPENDIX OF WP(C) 9573/2022

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE LAND TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER AND HIS WIFE BY THE VILLAGE OFFICER, PAZHANJI VILLAGE, DATED 17.08.2021.

Exhibit P2 THE COPY OF THE EXTRACT OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PAZHANJI KATTAKAMBAL SHOWING THE DETAILS OF THE PROPERTY OF THE PETITIONER.

Exhibit P3 THE COPY OF THE BUILDING PERMIT ISSUED BY THE KATTAKAMPAL GRAMA PANCHAAYTH IN FAVOUR OF THE PETITIONER DATED 08.05.2013.

Exhibit P4 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM 6, AS PRESCRIBED IN RULE 12(1) OF THE EKRALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2018 DATED 28.12.2021.