Citation : 2023 Latest Caselaw 5616 Ker
Judgement Date : 12 May, 2023
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. 15636 OF 2023
PETITIONER:
PAYYOORAYIL RUKKIYA,
AGED 50 YEARS
W/O. MOIDHUNNY,
RESIDING AT PAYYOORAYIL HOUSE,
KANJIYOOR ,MOOKKUTHALA (PO),
NANNAMUKKU VILLAGE, PONNANI TALUK,
MALAPPURAM DISTRICT, PIN - 679574
BY ADVS.
R.O.MUHAMED SHEMEEM
NASEEHA BEEGUM P.S.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
THE REGIONAL DIVISIONAL OFFICE,
TIRUR-THRIKANDIYOOR ROAD, TIRUR,
MALAPPURAM DISTRICT, KERALA., PIN - 679101
2 THE THASILDAR
TALUK OFFICE, MINI CIVIL STATION,
PONNANI (PO), PONNANI TALUK,
MALAPPURAM DISTRICT., PIN - 679583
3 THE VILLAGE OFFICER
THE VILLAGE OFFICE, ALAMKODE P.O,
NANNAMUKKU, MALAPPURAM DISTRICT., PIN - 679585
4 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVT. SECRETARIAT,
MAHATMA GANDHI ROAD,
NEAR CENTRAL STADIUM JUNCTION,
WP(C) No.15636 of 2023
-:2:-
STATUE PALAYAM, THIRUVANANTHAPURAM,
KERALA -, PIN - 695001
BY ADV
PARVATHY K
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.15636 of 2023
-:3:-
SHOBA ANNAMMA EAPEN, J.
-----------------------------------------------
WP(C) No.15636 of 2023
-------------------------------------------------
Dated this the 12th day of May, 2023
JUDGMENT
The petitioner is the owner in possession of
2.44 Ares of land in Survey Nos.222/12-10 and 222/12-9 in
Block No.003 of Perumpadappu Village in Ponnani Taluk of
Malappuram District. It is submitted that the property of the
petitioner is lying as garden land and the same is not
suitable for paddy cultivation and is not included in the data
bank. The petitioner confines her 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 1st respondent WP(C) No.15636 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 three
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.15636 of 2023
APPENDIX OF WP(C) 15636/2023
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED SALE DEED HAVING NUMBER 3616/2011 DATED ON 15/07/2011 OF PONNANI SUB REGISTER OFFICE.
Exhibit P2 A TRUE COPY OF THE LAND REVENUE RECEIPT DATED ON 2/09/2022 ISSUED BY THE PERUMPADAPPU VILLAGE OFFICE.
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 6/09/2022 ISSUED BY THE PERUMPADAPPA VILLAGE OFFICE
Exhibit P4 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED ON 5/05/2011 ISSUED BY THE PERUMPADAPPU GRAMA PANCHAYAT.
Exhibit P5 A TRUE COPY OF THE SITE PLAN OF NEW BUILDING PREPARED BY ASALM YASEEN.K.T. B.TCH. CIVIL ENGINEER.
Exhibit P6 A TRUE COPY OF THE DEMAND NOTICE DATED ON 23/12/2019 ISSUED BY THE 2ND RESPONDENT TO REMIT THE ONETIME TAX OF RS 18000 .
Exhibit P7 A TRUE COPY OF THE RECEIPT DATED ON 01/01/2021 FOR MAKING PART PAYMENT OF RS. 9438/-AS PER EXT-P6
Exhibit P8 A TRUE COPY OF APPLICATION DATED 07/09/2022, FORM NO. 6 UNDER RULE 12 (1) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 BEFORE THE 1ST RESPONDENT
Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 13/09/2022 ISSUED BY OFFICE OF 3RD RESPONDENT FOR PAYMENT OF CONVERSION
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