Citation : 2023 Latest Caselaw 3883 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. 11248 OF 2023
PETITIONER:
JAYMON THOMAS
AGED 60 YEARS
S/ O. ABRAHAM THOMAS, KULAPURACKAL THALAVADY (V),
ANAPRAMBAL ALLEPPEY DISTRICT, PIN - 689572
BY ADV R.SANTHOSH BABU
RESPONDENTS:
1 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION ALLEPPEY DISTRICT, PIN -
688001
2 REVENUE DIVISIONAL OFFICER
R.D.O. OFFICE, REVENUE DIVISION ALLEPPEY DISTRICT, PIN
- 689121
3 CONVENER
LOCAL LEVEL MONITORING COMMITTEE THALAVADY VILLAGE,
THALAVADY ALLEPPEY DISTRICT, PIN - 690532
4 AGRICULTURAL OFFICER
KRISHI BHAVAN THALAVADY, ALLEPPEY DISTRICT, PIN -
689572
5 VILLAGE OFFICER
THALAVADY VILLAGE OFFICE, THALAVADY, ALLEPPEY DISTRICT,
PIN - 668957
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.11248 OF 2023
2
ANU SIVARAMAN, J.
=========================
W.P.(C) No.11248 of 2023
=========================
Dated this the 30th day of March, 2023
JUDGMENT
Petitioner is the owner of an extent of 10 Ares
12.5 Sq.m of land in Survey No.4/7-2 of Block No.36 in
Thalavadi Village in Kuttanad Taluk of Alappuzha 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 his relief for an expeditious
consideration of Exhibit P3 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 WP(C) NO.11248 OF 2023
the matter, this writ petition is disposed of directing the
2nd 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 2nd respondent for compliance. 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 SSK/30/03 WP(C) NO.11248 OF 2023
APPENDIX
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT NO.KL04031304679/2022 IN DATED 15-06-2022 ISSUED BY THE VILLAGE OFFICE, THALAVADY
Exhibit P2 TRUE COPY OF THE LETTER NO. T.D.Y.26/2022-23 DATED 21-11-2022 BY THE 4TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE APPLICATION NO.
202/2022/230211 IN FORM NO.6 RULE 12 (1) DATED 19-12-2022 UNDER THE KERALA CONSERVATION OF PADDY AND WET LAND ACT RULE
Exhibit P4 A TRUE COPY OF THE RECEIPT OF MONEY/FEES DATED 19-12-2022 FROM THE REVENUE DEPARTMENT, GOVT. OF KERALA
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