Citation : 2022 Latest Caselaw 3448 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. 9583 OF 2022
PETITIONER:
VINOD.V,
AGED 49 YEARS
S/O. CHANDRAMATHI, VARIPURATH HOUSE, KOMMERI P.O,
KOZHIKODE 673 007.
BY ADVS.
N.KRISHNA RAJA MAULI
RENI JAMES
BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
WAYANAD ROAD, CIVIL STATION, ERANHIPALAM,
KOZHIKODE 673 020.
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, CIVIL STATION, JUMA MASJID,
SH 29, ERANHIPPALAM, KOZHIKODE 673 020.
3 THE TAHSILDAR,
KOZHIKODE TALUK OFFICE, WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE 673 020.
4 THE VILLAGE OFFICER,
VALAYANAD VILLAGE OFFICE, MANGAVU, KOZHIKODE 673 007.
5 THE AGRICULTURAL OFFICER,
PUTHIYARA KRISHI BHAVAN, PUTHIYARA, KOZHIKODE 673 004.
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. 9583 OF 2022
2
JUDGMENT
It is submitted that the petitioner is the owner in possession
of 15.80 Ares of land. Out of which 3 ares 74.49 sqm is shown in the
basic tax register as nanja. It is submitted by the learned counsel
for the petitioner that the actual extent of the property which is
shown as nanja is only 3.45 ares and that the application has been
submitted accordingly. The petitioner confines his relief for an
expeditious consideration of Ext.P3 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 2 nd 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 WP(C) NO. 9583 OF 2022
property and obtaining all necessary inputs including the report of
the Village Officer. The entire proceedings shall be completed
within a period of 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. 9583 OF 2022
APPENDIX OF WP(C) 9583/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 08.12.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.
Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 02.01.2022 ALONG WITH SURVEY SKETCH.
Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 09.12.2021.
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