George Joseph vs The District Collector
2023 Latest Caselaw 5094 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. 13120 OF 2023
PETITIONER:

              GEORGE JOSEPH
              AGED 64 YEARS
              S/O. ULAHANNAN JOSEPH, VENGATHANATHU HOUSE, 32/2011 F,
              NETHAJI ROAD, PADIVATTOM, EDAPILLY P.O., ERNAKULAM, PIN -
              682024

              BY ADV SHAKTHI PRAKASH



RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN -
              682030

     2        THE REVENUE DIVISIONAL OFFICER
              FORT KOCHI REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
              FORT KOCHI, ERNAKULAM, PIN - 682001

     3        THE TAHSILDAR
              KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK, MARINE DRIVE,
              KOCHI, PIN - 682011

     4        THE VILLAGE OFFICER
              EDAPPALLY SOUTH VILLAGE OFFICE, CIVIL LINE ROAD, BYE PASS
              JUNCTION, VENNALA P.O., ERNAKULAM, PIN - 682028

              SRI. APPU P.S - 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. 13120 OF 2023                2




                                 JUDGMENT

Dated this the 13th day of April, 2023

The petitioner is the owner in possession of 4.84 Ares of land in

Survey No.138/4-11 in Block No.1 of Edappally South Village in

Kanayannur Taluk of Ernakulam 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.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.

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 2 nd respondent to take up Ext.P3

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

four 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) 13120/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.01.2021

Exhibit P2 TRUE COPY OF THE ORDER DATED 09.03.2023 ISSUED BY THE REVENUE DIVISIONAL OFFICER, FORT KOCHI

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 09.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 09.03.2023