Citation : 2023 Latest Caselaw 4552 Ker
Judgement Date : 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13353 OF 2023
PETITIONER:
SANTHAKUMARI A V
AGED 77 YEARS
W/O LATE T RAMAN NAIR THAVALAKULANGARA,NAYARKUZHI
NIT ,KOZHIKODE, PIN - 673601
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANTONY THOMAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
KOZHIKODE, CIVIL STATION, ERANHIPALAM, KOZHIKODE, PIN -
673020
2 THE VILLAGE OFFICER
NELLIKKODE, CHEVAYOOR, KOZHIKODE, PIN - 673017
SRI.APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13353 OF 2023 2
JUDGMENT
Dated this the 12th day of April, 2023
The petitioner is the owner in possession of 3 Ares 23.75
sq.mts of land in Survey No.108/32 in Block No.1 of Nellikode
Village in Kozhikode Taluk of Kozhikode 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 her 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 1st respondent to take up Ext.P4
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 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 ska
APPENDIX OF WP(C) 13353/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTITION DEED BASED ON WHICH THE RIGHT OVER THE PROPERTY DEVOLVED UPON THE PETITIONER
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 30.07.2022
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01.08.2022
Exhibit P4 TRUE COPY OF THE FORM 6 APPLICATION DATED 23.11.2022
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