Citation : 2023 Latest Caselaw 4573 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. 13244 OF 2023
PETITIONER:
PAULS M.I,
AGED 42 YEARS
S/O M.P ITTYRAH, MENACHERRY HOUSE, P.C ROAD , 4TH AVENUE,
KALOOR P.O, ERNAKULAM ., PIN - 682017
BY ADVS.
SALIM V.S.
A.M.FOUSI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, PIN - 682001
3 THE VILLAGE OFFICER
POONITHURA VILLAGE, PIN - 682038
SMT.PARVATHY.K-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. 13244 OF 2023 2
JUDGMENT
Dated this the 12th day of April, 2023
The petitioner is the owner in possession of 2.13 Ares of land
in Survey No.498/17A in Block No.1 of Poonithura Village in
Kanayannur Taluk of Ernakulam District. It is submitted 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. 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 2nd 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
and obtaining all necessary inputs including the report of the Village
Officer. In case the petitioner produces all relevant documents in
support of the same, the application shall be taken up and
considered. 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) 13244/2023
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.02.2022.
Exhibit-P2 THE TRUE COPY OF THE FORM 6 APPLICATION DATED 18.02.2022 SUBMITTED BEFORE THE 2ND RESPONDENT.
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