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Cini Andrews vs The Revenue Divisional ...
2023 Latest Caselaw 3877 Ker

Citation : 2023 Latest Caselaw 3877 Ker
Judgement Date : 30 March, 2023

Kerala High Court
Cini Andrews vs The Revenue Divisional ... on 30 March, 2023
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 11278 OF 2023
PETITIONER:

          CINI ANDREWS
          AGED 50 YEARS
          W/O ANDREWS MATHEW VEMBANATTU HOUSE, PUTHIYAKAVU ,
          THRIPUNITHURA P.O , ERNAKULAM DISTRICT, PIN - 682301
          BY ADVS.
          P.K.SOYUZ
          E.V.BABYCHAN


RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
          RDO OFFICE, FORT KOCHI ERNAKULAM,, PIN - 68200
    2     THE LOCAL LEVEL MONITORING COMMITTEE,
          CHOTTANIKKARA , REPRESENTED BY ITS CONVENOR
          AGRICULTURAL OFFICER, KRISHI BHAVAN,CHOTTANIKKARA ,
          CHOTTANIKKARA P.O. ERNAKULAM DISTRICT,, PIN - 682312
    3     THE AGRICULTURAL OFFICER
          , KRISHI BHAVAN,CHOTTANIKKARA , CHOTTANIKKARA P.O.
          ERNAKULAM DISTRICT,, PIN - 682312
    4     THE VILLAGE OFFICER
          KUREEKAD VILLAGE, KANAYANNOOR TALUK CHOTTANIKKARA P.O.
          ERNAKULAM DISTRICT,, PIN - 682312
    5     THE SECRETARY
          CHOTTANIKKARA GRAMA PANCHAYATH CHOTTANIKKAA P O
          ERNAKULAM DISTRICT, PIN - 682312
          BY ADV VINEETH KOMALACHANDRAN



          BY SMT.PARVATHY.K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11278 OF 2023

                                       2



                           ANU SIVARAMAN, J.
                   =========================
                        W.P.(C) No.11278 of 2023
                   =========================
                    Dated this the 30th day of March, 2023

                                JUDGMENT

Petitioner is the owner of an extent of 16.19

Ares of land in Survey No.77/8-3 of Block No.11 in

Kureekkad Village in Kanayannur Taluk of Ernakulam

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. Petitioner confines her relief for an

expeditious consideration of Exhibit P8 application in

Form No.6 as 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 WP(C) NO.11278 OF 2023

1st 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. Petitioner shall produce a copy of the

writ petition along with a copy of the judgment before

the 1st respondent for compliance. 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 SSK/30/03 WP(C) NO.11278 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:

ExhibitP1 TRUE COPY OF THE LAND TAX RECEIPT DATED 09.05.2022

ExhibitP2 TRUE COPY OF THE RELEVANT PAGE OF THE NOTIFIED DATA BANK DATED 23.02.2012 OF CHOTTANIKKARA GRAMA PANCHAYATH

ExhibitP3 TRUE COPY OF THE APPLICATION DATED 28.08.2017

ExhibitP4 TRUE COPY OF THE JUDGMENT IN W.P ©NO. 6366 OF 2018 DATED 21.05.2018

ExhibitP5 TRUE COPY OF THE DECISION OF THE 2 ND RESPONDENT LLMC DATED 25.07.2018

ExhibitP6 TRUE COPY OF THE PROPERTY TAX RECEIPT WITH RESPECT TO BUILDING NUMBER 14 / 107 - D OF CHOTTANIKKARA GRAMA PANCHAYATH

ExhibitP7 TRUE COPY OF THE PROPERTY TAX RECEIPT WITH RESPECT TO BUILDING NUMBER 14 / 107 - E OF CHOTTANIKKARA GRAMA PANCHAYATH

ExhibitP8 TRUE COPY OF THE APPLICATION DATED 16.03.2023

ExhibitP9 TRUE COPY OF THE JUDGMENT IN W.PC NO. 39511 OF 2022 DATED 21.12.2022

 
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