Citation : 2022 Latest Caselaw 3453 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. 9559 OF 2022
PETITIONER:
ABDUL RAB.V.,
AGED 46 YEARS
S/O.CHEKKU, VATTEKKATTU HOUSE, POOKKARTHARA,KOLALAMBU
P.O., MALAPPURAM DISTRICT, PIN-679 576.
BY ADVS.
AVANEESH KOYIKKARA
NEENA BASIL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 LAND REVENUE COMMISSIONER,
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JN., THIRUVANANTHAPURAM-695 033.
3 DISTRICT COLLECTOR, THRISSUR,
FIRST FLOOR, CIVIL STATION, CIVIL LINE ROAD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR-680 003.
4 REVENUE DIVISIONAL OFFICER, THRISSUR,
FIRST FLOOR, CIVIL STATION, CIVIL LINE ROAD, KALYAN
NAGAR, AYYANTHOLE, THRISSUR-680 003.
5 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER),
KRISHI BAHVAN, KADAVALLUR, KARIKAKD-680 519.
6 AGRICULTURAL OFFICER, KRISHI BHAVAN,
KADAVALLUR, KARIKKAD-680 519.
WP(C) NO. 9559 OF 2022
2
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. 9559 OF 2022
3
JUDGMENT
The petitioner is the owner in possession of 3.04 Ares of land
in Survey No.234/4-11-2 in Block No.4 of Karikkad Village in
Kunnamkulam Taluk of Thrissur 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 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 4th 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 WP(C) NO. 9559 OF 2022
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. 9559 OF 2022
APPENDIX OF WP(C) 9559/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE DOCUMENT NO.1680/2019 DATED 11.11.2019 OF AKKIKAVU SRO.
Exhibit P2 A COPY OF THE TAX RECEIPT DATED 22.06.2021 ISSUED FROM KARIKKAD VILLAGE OFFICE.
Exhibit P3 A COPY OF THE DECISION OF LLMC DATED 14.01.2019.
Exhibit P4 THE TRUE COPY OF FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 28.12.2020.
Exhibit P4 A A COPY OF THE FEE PAYMENT CHALLAN OF EXT.P3 FORM 6 APPLICATION DATED 11.12.2020.
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