K.Sabarinath vs Revenue Divisional Officer
2023 Latest Caselaw 4840 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                          WP(C) NO. 13654 OF 2023
PETITIONER:

      1      K.SABARINATH
             AGED 41 YEARS, S/o MURALI MANOHAR,
             5/2708B,KOLOTT,PUTHIYARA, KOZHIKODE, PIN - 673 004.

      2      K GIRIJA KUMARI
             AGED 64 YEARS
             W/O.MURALI MANOHAR, 5/2708B,KOLATT,PUTHIYARA
             KOZHIKODE, PIN - 673 004.

             BY ADVS.
                 P.V.ANOOP
                 PHIJO PRADEESH PHILIP
                 ANTONY THOMAS
                 NAVJYOTH S.
                 ANJU R S.


RESPONDENTS:

      1      REVENUE DIVISIONAL OFFICER
             KOZHIKODE, CIVIL STATION, ERANHIPALAM, KOZHIKODE,
             PIN - 673 020.

      2      THE VILLAGE OFFICER
             KASABA, PUTHIYARA, KOZHIKODE, PIN - 673 004.


OTHER PRESENT:

             SMT. PARVATHY K-GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    13.04.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 13654 of 2023                  2

                                JUDGMENT

Dated this the 13th day of April, 2023

The petitioners are the owners in possession of 0.4775 Ares of land in

Survey Nos.987/47, 987/48 and 987/51 in Block No.003 of

KasabaVillage in Kozhikode Taluk of Kozhikode District. It is

submitted that the properties of the petitioners are lying as garden land

and the same is not suitable for paddy cultivation and is not included

in the data bank. The petitioners confine their 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. In case the applications are properly supported by necessary

title deed and if the extent shown is proper, the entire proceedings shall

be completed within a period of three months from the date of receipt

of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE AMR

APPENDIX OF WP(C) 13654/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GIFT DEED NO.513/2015 SRO KOZHIKODE DATED 14.07.2015.

Exhibit P2 TRUE COPY OF THE POCESSION CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 14.10.2022.

Exhibit P3 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 07.04.2023.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM 6 BEFORE THE 1ST RESPONDENT DATED 16.10.2022.