Sudheer vs The District Collector
2022 Latest Caselaw 5674 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 15796 OF 2022
PETITIONER:

           SUDHEER
           AGED 45 YEARS
           S/O. GOVINDAN,
           KOVILPARAMBIL ITTITHARA HOUSE,
           KODUNGALLUR P. O.,
           THRISSUR - 680 664.

           BY ADVS.
           N. KRISHNA RAJA MAULI
           N.S. REHNA
           BINIYAMIN K.S.
           RENI JAMES


RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           FIRST FLOOR, CIVIL STATION,
           AYYANTHOLE, THRISSUR - 680 003.
    2      THE REVENUE DIVISIONAL OFFICER,
           REVENUE DIVISIONAL OFFICE,
           MINI CIVIL STATION, CHEMMANDA ROAD,
           IRINJALAKUDA, THRISSUR - 680 125.
    3      THE TAHSILDAR,
           KODUNGALLUR TALUK OFFICE, 1ST FLOOR,
           MINI CIVIL STATION, NATIONAL HIGHWAY 17,
           STAR NAGAR, KODUNGALLUR - 680 664.
    4      THE VILLAGE OFFICER,
           LOKAMALESWARAM VILLAGE OFFICE,
           NORTH NADA KODUNGALLUR TEMPLE,
           KODUNGALLUR - 680 664.
    5      THE AGRICULTURAL OFFICER,
           KODUNGALLUR KRISHI BHAVAN,
           KUNNUMPURAM, KODUNGALLUR - 680 664.

           SMT.VINITHA B. - SR. G.P
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.15796 OF 2022

                                2




                            JUDGMENT

The petitioner is the owner in possession of 28.27

Ares of land in Survey Nos.80/3-1, 82/5-1 and 81/1-2 of

Lokamaleswaram Village in Kodungallur Taluk of Thrissur

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.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 an extent of 5.06 Ares 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 2nd

respondent to take up Ext.P3 application, consider and WP(C).No.15796 OF 2022

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 period of three months from the date

of receipt of a copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.15796 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 27.05.2019.

EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF KODUNGALLUR MUNICIPALITY.

EXHIBIT P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 30.12.2021 ALONG WITH SURVEY SKETCH.

     EXHIBIT P4      TRUE COPY OF THE CHALLAN EVIDENCING
                     PAYMENT     OF    STATUTORY    FEE    DATED
                     18.12.2021.
     EXHIBIT P5      TRUE COPY OF THE PROOF EVIDENCING

RECEIPT NO.A3/18590/21 DATED 30.12.2021. EXHIBIT P6 TRUE COPY OF THE FORWARDING LETTER DATED 30.12.2021 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

     RESPONDENTS EXHIBITS:-    NIL.