Bensheera vs Revenue Divisional Officer, Fort ...
2022 Latest Caselaw 3450 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. 9566 OF 2022
PETITIONER:

          BENSHEERA,
          AGED 51 YEARS
          D/O.ABDU, W/O.HAMSA, KALIPARAMBU VEETTIL, NOW RESIDING
          AT BLAYILPARAMBIL, PUTHUPALLIPPURAM KARA, THRIKKAKKARA
          NORTH VILLAGE, ERNAKULAM-682 024.

          BY ADVS.
          SAJI VARGHESE KAKKATTUMATTATHIL
          AMALENDU A.



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER, FORT KOCHI,
          KOCHI-682 001.

    2     THE TAHSILDAR, PARAVUR TALUK,
          TALUK OFFICE, NORTH PARAVUR,
          ERNAKULAM DISTRICT-683 513.

    3     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KARUMALLOOR, NORTH PARAVUR,
          ERNAKULAM DISTRICT-683 511.




          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. 9566 OF 2022

                                   2


                               JUDGMENT

The petitioner is the owner in possession of 58.68 Ares of land

in Survey No.141/1 in Block No.1 of Karumalloor Village in Paravoor

Taluk of Ernakulam 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 her relief for an expeditious consideration of

Ext.P4 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 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 obtaining all necessary inputs including the report of the

Village Officer. The entire proceedings shall be completed within a WP(C) NO. 9566 OF 2022

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. 9566 OF 2022

APPENDIX OF WP(C) 9566/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.3439/2006 OF SRO, CHENGAMANAD DATED 24.05.2006.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 01.03.2018 OF THIS HON'BLE COURT IN WPC NO.6891/2018.

Exhibit P3 TRUE COPY OF THE LETTER DATED 26.09.2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE FORM 7 UPLOADED BY THE PETITIONER DATED 18.03.22.