George Harris vs The District Collector
2023 Latest Caselaw 5590 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
    FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                    WP(C) NO. 15650 OF 2023


PETITIONERS:

    1     GEORGE HARRIS
          AGED 46 YEARS
          S/O T M GEORGE SON,
          RESIDING AT THATTANATTU HOUSE,
          THRIPPUNITHURA, THRIPPUNITHURA P.O,
          ERNAKULAM, PIN - 682301

    2     SHEEBA BEEGAM R
          AGED 51 YEARS
          W/O GEORGE HARRIS,
          THATTANATTU HOUSE, THRIPPUNITHURA,
          THRIPPUNITHURA P.O, ERNAKULAM, PIN - 682301

          BY ADVS.
          V.PREMCHAND
          SURYA MOHAN P.
          HALIYA T.P.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, ERNAKULAM,
          ERNAKULAM DISTRICT, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001

    3     THE DEPUTY TAHSILDAR(LR)
          KANAYANNUR TALUK,
          ERNAKULAM DISTRICT, PIN - 682011

    4     THE VILLAGE OFFICER,
 WP(C) No.15650 of 2023

                                  -:2:-


            POONITHURA VILLAGE, VYTILA P.O,
            ERNAKULAM DISTRICT, PIN - 682019

            BY ADV
            P.S.APPU
            GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.05.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.15650 of 2023

                                      -:3:-




                SHOBA ANNAMMA EAPEN, J.
                  -----------------------------------------------
                     WP(C) No.15650 of 2023
                 -------------------------------------------------
               Dated this the 12th day of May, 2023


                                JUDGMENT

The petitioners are the owner in possession of 3.32 Ares

of land in Survey Nos.1351/1-3-2 and 1352/4-2 in Block

No.001 of Poonithara Village in Kanayannur Taluk of

Ernakulam District. It is submitted that the property of the

petitioners is lying as dry land and the same is not suitable

for paddy cultivation and is not included in the data bank.

The petitioners confine their relief for an expeditious

consideration of Ext.P6 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 2nd respondent WP(C) No.15650 of 2023

to take up Ext.P6 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 four

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE jka/12.05.23 WP(C) No.15650 of 2023

APPENDIX OF WP(C) 15650/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PARTITION DEED NO.

1431/2022 DATED 06.05.2022

Exhibit-P2 A TRUE COPY OF THE THANDAPER EXTRACT DATED NIL ISSUED FROM THE VILLAGE OFFICE POONITHARA TO PETITIONERS

Exhibit-P3 A TRUE COPY OF THE FORM 5 APPLICATION DATED 07.12.2022 SUBMITTED BY THE PETITIONERS BEFORE THE REVENUE DIVISIONAL OFFICER, THE 2ND RESPONDENT

Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 11.01.2023 IN WP© NO 790/ 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM

Exhibit-P5 A TRUE COPY OF THE ORDER DATED 30-3-2023 ISSUED FROM THE SUB COLLECTOR, FORT KOCHI

Exhibit-P6 A TRUE COPY OF THE FORM 6 APPLICATION DATED 01.04.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

Exhibit7 A TRUE COPY OF THE COMMUNICATION RECEIVED BY PETITIONERS FROM THE ONLINE SITE DATED NIL