Jacob Sebastian vs The District Collector
2022 Latest Caselaw 5685 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. 17176 OF 2022
PETITIONER:

           JACOB SEBASTIAN
           AGED 44 YEARS
           S/O. SEBASTIAN. J. MAPPILASSERY, MAPPILASSERY HOUSE,
           CHAMBAKULAM P.O., AMICHANKERI, ALAPPUZHA - 688505.

           BY ADVS.
                  RENI JAMES
                  N.S.REHNA
                  BINIYAMIN K.S.


RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           COLLECTORATE, KOTTAYAM - KUMILY RD, KOTTAYAM - 686002.
    2      THE REVENUE DIVISIONAL OFFICER,
           KOTTAYAM REVENUE DIVISIONAL OFFICE, SECOND FLOOR, MINI
           CIVIL STATION, UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM
           - 686001.
    3      THE TAHSILDAR,
           CHANGANASSERY TALUK OFFICE, KACHERY ROAD,
           OPPOSITE GOVERNMENT MODEL HSS, CHANGANASSERY,
           KOTTAYAM - 686101.
    4      THE VILLAGE OFFICER,
           CHANGANASSERY VILLAGE OFFICE, PERUNNA P.O.,
           KOTTAYAM - 686102.
    5      THE AGRICULTURAL OFFICER,
           CHANGANASSERY KRISHI BHAVAN, VAZHAPPILLY WEST, KOTTAYAM
           - 686103.

           SR.G.P-SMT.VINITHA B
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 17176/2022                 2


                             JUDGMENT

The petitioner is the absolute owner in possession of an extent

of 3.64 Ares of land comprised in Sy.No.37/-3 Block No.233 of

Changanassery Taluk in Kottayam District. The learned counsel for

the petitioner submits 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. When this matter is taken up for

consideration, the petitioner confines his prayer 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.

Having heard the learned Government Pleader and without

expressing any opinion on the merits of the matter, this writ petition is

disposed of directing the second respondent to consider and pass

orders on Ext.P3 application 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 copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX OF WP(C) 17176/2022

PETITIONER's EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.08.2021.

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 25.03.2022 ALONG WITH SURVEY SKETCH.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 25.03.2022.

spc/