Surendran Kp vs The Revenue Divisional Officer
2023 Latest Caselaw 4592 Ker

                 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. 13197 OF 2023
PETITIONER:

              SURENDRAN KP
              AGED 67 YEARS
              S/O. ACHUTTY, KARIPPA PARAMBIL HOUSE, VENGINIKKARA,
              EDAPAL PO, MALAPPURAM DISTRICT, PIN - 679576

              BY ADVS.
              P.CHANDRASEKHAR
              JENNY THANKAM
              C.RAMAN
              ANOOP KRISHNA
              ANAND SANKAR
              REGIMOL M.K.



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              TIRUR, MALAPPURAM DISTRICT, PIN - 676101

     2        THE TAHSILDAR
              PONANI, MALAPPURAM DISTRICT, PIN - 679577

     3        THE VILLAGE OFFICER
              EDAPAL, MALAPPURAM DISTRICT, PIN - 679576


OTHER PRESENT:

              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. 13197 OF 2023               2




                                 JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 6.94 Ares of land in

Survey No.101/1-19 in Block No.2 of Edapal Village in Ponnani Taluk

of Malappuram 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.P6 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.P6

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) 13197/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PURCHASE CERTIFICATE DATED 25.07.2022 TO THE PETITIONER BY MALAPPURAM DEVASWOM LAND TRIBUNAL.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 01.11.2022 ISSUED BY THE 3RD RESPONDENT FOR BASIC TAX PAID BY THE PETITIONER IN RESPECT OF THE LAND COVERED BY EXHIBIT P1.

Exhibit P3 TRUE COPY OF THE ORDER DATED 01.09.2022 OF THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE SKETCH OF THE PETITIONER'S LAND .

Exhibit P5 PHOTOGRAPHS OF THE LAND OF THE PETITIONER.

Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 6 UNDER RULE 12(1) OF THE KERALA CONSERVATION OF PADDY AND WETLAND RULES 2008.