Citation : 2023 Latest Caselaw 3877 Ker
Judgement Date : 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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