Abdul Salam.N.P vs State Of Kerala
2023 Latest Caselaw 1957 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         WP(C) NO. 1573 OF 2023
PETITIONERS:

             ABDUL SALAM.N.P.
             AGED 46 YEARS
             S/O (LATE) MOIDU, NHERAPPOYIL HOUSE, MUYIPPOTH P.O.,
             MEPPAYYUR, CHERUVANNOOR, KOZHIKODE,, PIN - 673524

             BY ADV A.S.SHAMMY RAJ



RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
             REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,,
             PIN - 695001

     2       REVENUE DIVISIONAL OFFICER
             VADAKARA REVENUE DIVISIONAL OFFICE, VADAKARA P.O.,
             KOZHIKODE,, PIN - 673101

             SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1573 OF 2023                2




                                 JUDGMENT

Dated this the 3rd day of February, 2023

The petitioner is the owner in possession of 2.305 Ares of land

in Re-survey Nos.111/6 of Cheruvannoor Village in Koyilandy Taluk of

Kozhikode District. It is submitted by the learned counsel for the

petitioner that though the resurvey number of the property of the

petitioner is shown as 111/6, the system generated survey number as

evidenced by Ext P10 as well as Ext.P12 certificate is Sy.No.111/13. 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.P9 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.P9

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 and after verifying the nature, extent of the property and

verifying the identity of the property. 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) 1573/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE DEED NO.2478/2014 DATED 24.10.2014 OF MEPPAYYUR S.R.O. EXECUTED IN THE NAME OF PETITIONER Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHERUVANNUR DATED 1.12.2014 TO THE PETITIONER Exhibit P3 TRUE COPY OF A ROUGH PLAN OF THE PETITIONER'S PROPERTY Exhibit P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY CHERUVANNUR GRAMA PANCHAYATH DATED 20.3.2015 TO THE PETITIONER Exhibit P5 PHOTOGRAPH OF THE PETITIONER'S RESIDENTIAL BUILDING Exhibit P6 TRUE COPY OF THE ORDER DATED 20.11.2021 PASSED BY THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.6483/2022 OF THIS HON'BLE COURT DATED 14.7.2022 Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 9.11.2022 Exhibit P9 TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT ON 1.12.2022 BY PETITIONER Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER ON PAYMENT OF NECESSARY FEE, DATED 1.12.2022 Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT 2.10.2022 Exhibit P12 TRUE COPY OF THE CERTIFICATE DATED 21.1.2023 ISSUED BY THE VILLAGE OFFICER, CHERUVANNOOR