George Alex vs State Of Kerala
2022 Latest Caselaw 5351 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 15562 OF 2022
PETITIONER:

            GEORGE ALEX,
            AGED 32 YEARS
            S/O.ALEXANDER, URUMBIL HOUSE, KOTHAMANGALAM P.O.,
            RAMALLOOR, ERNAKULAM DISTRICT-686 691.
            BY ADVS.
            M.V.SABU
            AKHILASREE BHASKARAN
            TERESA C. JOSEPH
RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF REVENUE, STATE SECRETARIAT,
            TRIVANDRUM-695 001.
    2       THE DISTRICT COLLECTOR,
            ERNAKULAM, CIVIL STATION, KUNNUMPURAM, KAKKANAD,
            ERNAKULAM-682 030.
    3       THE REVENUE DIVISIONAL OFFICER,
            MINI CIVIL STATION, MUDAVOOR, MUVATTUPUZHA-686 669.
    4       THE TAHSILDAR,
            MINI CIVIL STATION, KOTHAMANGALAM P.O.,
            ERNAKULAM DISTRICT-686 691.
    5       THE VILLAGE OFFICER,
            KOTHAMANGALAM VILLAGE, KOTHAMANGALAM P.O.,
            ERNAKULAM DISTRICT-686 691.
    6       THE LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENER/THE AGRICULTURE OFFICER,
            KRISHI BHAVAN, KOTHAMANGALAM, KOTHAMANGALAM P.O.,
            ERNAKULAM DISTRICT-686 691.
            SMT.VINITHA B, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15562 OF 2022

                                     2




                              JUDGMENT

Dated this the 20th day of May, 2022

The petitioner is the owner in possession of 4.05 Ares of land

in Survey Nos.877/5A-3-15-3, 877/5B-1 and 877/8-2-12-7 of

Kothamangalam Village, Kothamangalam Taluk of Ernakulam

District. It is submitted that the property of the petitioner is lying as

garden 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.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 3rd 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 WP(C) NO. 15562 OF 2022

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 NP WP(C) NO. 15562 OF 2022

APPENDIX OF WP(C) 15562/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 29.07.2021 IN THANDAPPAR NO.28571 OF KOTHAMANGALAM VILLAGE ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 04.03.2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE SURVEY SKETCH OF THE PROPERTY.

RESPONDENTS' EXHIBITS: NIL