K.C.Kurian vs State Of Kerala
2023 Latest Caselaw 3010 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                          WP(C) NO. 8440 OF 2023
PETITIONER:

              K.C.KURIAN
              AGED 84 YEARS
              S/O.CHACKO (LATE), KUTTANCHIRA HOUSE, KURICHY.P.O,
              KOTTAYAM DISTRICT., PIN - 686532

              BY ADV AVANEESH KOYIKKARA



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

     2        REVENUE DIVISIONAL OFFICER & SUB COLLECTOR, KOTTAYAM
              REVENUE DIVISIONAL OFFICE, KOTTAYAM, SECOND FLOOR, MINI
              CIVIL STATION, PUTHENANGADY, KOTTAYAM., PIN - 686001

     3        DISTRICT COLLECTOR, KOTTAYAM
              COLLECTORATE, KOTTAYAM- KUMILY RD, KOTTAYAM DISTRICT.,
              PIN - 686002

     4        TAHSILDAR, CHANGANASSERY
              CHANGANASSERY TALUK OFFICE KACHERY ROAD, OPPOSITE
              GOVERNMENT MODEL HSS, CHANGANASSERY, KOTTAYAM., PIN -
              686101

     5        VILLAGE OFFICER, KURICHY
              VILLAGE OFFICE, KURICHY, KALAYIPPADI- CHETHIPUZHA ROAD,
              KURICHY .P.O, CHANGANASSERY, KOTTAYAM., PIN - 683532

     6        LOCAL LEVEL MONITORING COMMITTEE
              REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER KRISHI
              BHAVAN, KURICHY, KURICHY .P.O, KOTTAYAM.,
              PIN - 686534
 WP(C) NO. 8440 OF 2023              2



      7      AGRICULTURAL OFFICER
             KRISHI BHAVAN, KURICHY, KURICHY .P.O, KOTTAYAM., PIN -
             686534

             SMT.PARVATHY.K-GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8440 OF 2023                3




                                 JUDGMENT

Dated this the 13th day of March, 2023

The petitioner is the owner in possession of 48.10 Ares

of land in Survey No.412/13-1 of Kurichy Village in

Changanassery Taluk of Kottayam District. It is submitted that

the property of the petitioner is lying as dry 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.P4 application in Form No.7

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 RDO/2 nd

respondent to take up the 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
   ska                                            JUDGE





                         APPENDIX OF WP(C) 8440/2023

PETITIONER EXHIBITS

Exhibit P1                A COPY OF THE TAX RECEIPT DATED 13.04.2018

ISSUED BY THE VILLAGE OFFICER, KURICHY VILLAGE.

Exhibit P2 A COPY OF THE ORDER NO.KCY 49/18-19 DATED 02.11.2018 ISSUED BY THE 7TH RESPONDENT WITH RESPECT TO SURVEY NO.412/13.

Exhibit P3 A TRUE COPY OF ORDER NO.B-5144/18/K.DIS DATED 18.09.2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF FORM.7 APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.01.2021.

Exhibit P4(a) A COPY OF POSTAL ACKNOWLEDGMENT CARD OF EXT.P4.

Exhibit P4(b) A COPY OF FEE PAYMENT CHALLAN NO.KL017751378202021M OF EXT.P4 DATED 29.01.2021.