Sheeba K vs The Local Level Monitoring ...
2023 Latest Caselaw 5537 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                     WP(C) NO. 14883 OF 2023
PETITIONER:
     1     SHEEBA K,
           AGED 52 YEARS
           W/O. DINESAN M, MAKKANARI HOUSE, PALAKURUMBIL THAZHAM,
           OLAVANNA P.O, KOZHIKKODE TALUK,
           KOZHIKKODE DISTRICT. PIN - 673019
     2     DINESHAN M,
           AGED 56 YEARS,
           S/O. MADHAVAN, MAKKANARI HOUSE, PALAKURUMBIL THAZHAM,
           OLAVANNA P.O, KOZHIKKODE TALUK,
           KOZHIKKODE DISTRICT., PIN - 673019
           BY ADVS.
           M.P.MADHAVANKUTTY
           MATHEW DEVASSI
           ANANTHAKRISHNAN A. KARTHA
           REMYA M. MENON
           MILANA OSHINE LIKE
           ANOOP SATHYAN
RESPONDENTS:
     1     THE LOCAL LEVEL MONITORING COMMITTEE,
           FOR CALICUT MUNICIPAL CORPORATION, REPRESENTED BY ITS
           CONVENER, THE AGRICULTURAL OFFICER, CALICUT BEACH P.O,
           KOZHIKKODE, PIN - 673032
     2     THE AGRICULTURAL FIELD OFFICER
           CALICUT MUNICIPAL CORPORATION, CALICUT BEACH P.O,
           KOZHIKKODE., PIN - 673032
     3     VILLAGE OFFICER
           NELLIKKODE VILLAGE OFFICE, NELLIKKODE,
           KOZHIKKODE, PIN - 673016
     4     TAHASILDAR (LAND RECORDS),
           KOZHIKKODE TALUK, CIVIL STATION,
           ERANHIPPALAM, KOZHIKKODE., PIN - 673020
     5     REVENUE DIVISIONAL OFFICER,
           KOZHIKKODE REVENUE DIVISION, OFFICE OF REVENUE
           DIVISIONAL OFFICER, CIVIL STATION, ERANHIPPALAM,
           KOZHIKKODE, PIN - 673020
     6     DISTRICT COLLECTOR,
           CIVIL STATION, ERANHIPPALAM, KOZHIKKODE, PIN - 673020
           SRI. JOBY JOSEPH-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14883 OF 2023

                                2




                           JUDGMENT

The 1st petitioner is the owner in possession of 6.07

Ares of land in Resurvey No. 98 in Nellikkode Village,

Kozhikkode Taluk. The 2nd petitioner is the owner of 7 cents

of property in Resurvey No.98 of the said village. It is

submitted that the properties of the petitioners are lying as

dry land and are not suitable for paddy cultivation and are

not included in the data bank. The petitioners confine their

relief for an expeditious consideration of Exts. P6 and P7

applications 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.

Having heard the learned counsel for the petitioners

and the learned Government Pleader and without

expressing any view on the merits of the matter, this writ

petition is disposed of directing the 1st respondent to take

up Exts. P6 and P7 applications, consider and pass orders on

the same, after taking into account all relevant aspects of WP(C) NO. 14883 OF 2023

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 four months from the date of receipt of a copy of

this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE msp WP(C) NO. 14883 OF 2023

APPENDIX OF WP(C) 14883/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SETTLEMENT DATED 17.11.2015 BEARING NO. 4368 EXECUTED BY VASU BEFORE THE SUB REGISTRAR'S OFFICE, CHEVAYOOR Exhibit P2 A TRUE COPY OF THE SALE DEED BEARING NO. 3129 DATED 28.07.2008 EXECUTED BY THE FATHER-IN-LAW OF THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF THE TAX RECEIPT DATED 31.01.2023 BEARING THANDAPER NO. 3272 ISSUED FROM THE VILLAGE OFFICE, NELLIKKODE Exhibit P4 A TRUE COPY OF THE TAX RECEIPT DATED 31.01.2023 BEARING THANDAPER NO. 3273 ISSUED FROM THE VILLAGE OFFICE, NELLIKKODE Exhibit P5 A TRUE COPY OF THE DATA BANK ISSUED PERTAINING TO NELLIKKODE VILLAGE IN SY.

Exhibit P6 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 22.02.2023 Exhibit P7 A TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 01.03.2023