Antartis Developers Pvt. Ltd vs The Revenue Divisional Officer / ...
2023 Latest Caselaw 3189 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                        WP(C) NO. 9876 OF 2023
PETITIONER:

          ANTARTIS DEVELOPERS PVT. LTD.
          REPRESENTED BY ITS MANAGING DIRECTOR, MOHAMED SEBINS
          6/50 CMN, MARINA TOWER, NADAKKAVE P.O KACHERI,
          KOZHIKODE, PIN - 673011
          BY ADVS.
          VIJAI MATHEWS
          JOSEPH THEKKEKURUVANAL
RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER / SUB COLLECTOR
          KOZHIKODE, PIN - 673020
    2     THE VILLAGE OFFICER
          OLAVANNA VILLAGE OFFICE, KOZHIKODE, PIN - 673019
          SMT.PARVATHY.K-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9876 OF 2023

                                     2


                               JUDGMENT

Dated this the 23rd day of March, 2023

The petitioner is the owner in possession of 1.744 Ares of land in

Survey No.4/25 in Block No.1 of Olavanna Village in Kozhikode Taluk

of Kozhikode District. It is submitted that the property of the petitioner

is not a wetland and the same is not suitable for paddy cultivation and is

not included in the data bank. The petitioner confines its relief for an

expeditious consideration of Ext.P1 application in Form 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.P1

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. WP(C) NO. 9876 OF 2023

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 9876 OF 2023

APPENDIX OF WP(C) 9876/2023

PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE APPLICATION IN FORM NO 6 BEARING NO. 11/2023/441859 DATED 27-02-2023 Exhibit-P2 TRUE COPY OF THE TAX RECEIPT DATED 5-4-2022 RESPONDENTS' EXHIBITS: NIL