Nazar vs The Revenue Divisional Officer
2023 Latest Caselaw 5731 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
        TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                          WP(C) NO. 15831 OF 2023


PETITIONER:

            NAZAR,
            AGED 61 YEARS, SON OF SADIK,
            KUMBALATH HOUSE, PANOOR P.O., KARUVATTA VILLAGE,
            KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT, PIN - 690515.

            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            CHEGANNUR, ALAPPUZHA DISTRICT, PIN - 689121.
    2       THE LOCAL LEVEL MONITORING COMMITTEE(LLMC),
            KARUVATTA GRAMA PANCHAYATH, ALAPPUZHA DISTRICT,
            REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KARUVATTA, ALAPPUZHA DISTRICT, PIN -
            690517.
    3       AGRICULTURAL OFFICER,
            KRISHI BHAVAN, KARUVATTA,
            ALAPPUZHA DISTRICT, PIN - 690517.
    4       THE DISTRICT COLLECTOR,
            ALAPPUZHA, CIVIL STATION,
            ALAPPUZHA DISTRICT, PIN - 688001.
    5       THE TAHASILDAR,
            KARTHIKAPPILLY TALUK,
            ALAPPUZHA DISTRICT, PIN - 690514.

            BY SRI. RIYAL DEVASSY, GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)No.15831 OF 2023

                                       -:2:-




                            J U D G M E N T

Dated this 16th day of May, 2023

The petitioner is the owner in possession of 40

Ares of land in Re.Sy.No.442/8 in Block No.3 of

Karuvatta Village in Karthikappilly Taluk of

Alappuzha District. It is submitted that the

property of the petitioner is lying as converted

land and the same is not suitable for paddy

cultivation and is not included in the data bank.

The petitioner confines his relief for an

expeditious consideration of Ext.P5 application in

Form 7 under the provisions 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 to take up Ext.P5 W.P(C)No.15831 OF 2023

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 4 (four) months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE TR W.P(C)No.15831 OF 2023

APPENDIX OF WP(C) 15831/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 13.4.2022 ISSUED BY THE VILLAGE OFFICER, KARUVATTA VILLAGE.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30.3.2023 ISSUED BY THE VILLAGE OFFICER, KARUVATTA VILLAGE.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF KARUVATTA GRAMA PANCHAYATH ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P4 TRUE PHOTOGRAPHS OF THE PROPERTY OF PETITIONER.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 31.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT THROUGH ONLINE.

RESPONDENTS' EXHIBITS:-            NIL