Leesamma P.J vs State Of Kerala
2024 Latest Caselaw 5098 Ker

Kerala High Court

Leesamma P.J vs State Of Kerala on 15 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                      WP(C) NO. 5877 OF 2024
PETITIONER:

            LEESAMMA P.J
            AGED 52 YEARS
            7/136A, THYPARAMBIL HOUSE,
            S.N NAGAR, MANNAMTHURUTH VARAPUZHA,
            ERNAKULAM, PIN - 683 517.

            BY ADVS.
            ARUNA AA
            JISHA SHAJI


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.
    2       REVENUE DIVISIONAL OFFICER
            DISTRICT CT WAY RD, KIDANGAMPARAMB,
            THONDANKULANGARA, THATHAMPALLY,
            ALAPPUZHA, KERALA, PIN - 688 013.
    3       TAHSILDAR,
            TALUK OFFICE CHERTHALA,
            CHERTHALA P.O., ALAPPUZHA,
            PIN - 688 524.
    4       VILLAGE OFFICER
            KOKKOTHAMANGALAM VILLAGE OFFICE, PAZHAMKULAM,
            CHERTHALA P. O., ALAPPUZHA,
            PIN - 688 524.
    5       PRINCIPAL AGRICULTURAL OFFICER
            CIVIL STATION WARD,
            ALAPPUZHA, PIN - 688 001.

            SR.GP. - SMT.K.AMMINIKUTTY



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   15.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.5877 OF 2024

                              2




                           JUDGMENT

The petitioner is the absolute owner of 17.26

Ares of land comprised in Survey No.79 of Block

No.80 of Kokkothamangalam Village, Cherthala Taluk

in Alappuzha District. She has approached this Court

seeking a direction to the 2nd respondent/Revenue

Divisional Officer to consider and pass orders on

Ext.P3, Form-6 application filed under the Kerala

Conservation of Paddy Land and Wetland Rules, 2008.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

In the facts and circumstances of the case and

taking into consideration that Ext.P3 is a statutory

application, this writ petition is disposed of with a

direction to the 2nd respondent/RDO to consider and

pass orders thereon, in accordance with law, as WP(C).No.5877 OF 2024

expeditiously as possible, at any rate, within a period

of five months from the date of receipt of a copy of

this judgment. The petitioner shall produce a copy of

the writ petition along with a copy of this judgment

before the 2nd respondent for compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.5877 OF 2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, THANNEER MUKKAM.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION NO. T.P. 1729/2020 DATED 19.01.2021 WITH RESPECT TO THE CHERTHALA MUNICIPALITY PUBLISHED IN THE

DATED 19.01.2021.

EXHIBIT P2(a) TRUE COPY OF THE BASIC TAX RECEIPT NO.

KL04020903579/2023 DATED 09.05.2023 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED

03.02.2024 FILED BY THE PETITIONER UNDER FORM 6 UNDER RULE 12 (1) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, RULES, 2008.

EXHIBIT P4 TRUE COPY THARAMMATTAM APPLICATION MOVEMENT DOWNLOADED FROM THE WEBSITE OF THE REVENUE DEPARTMENT ON 06.02.2024 AT 6.30 PM.

EXHIBIT P5 TRUE COPY OF THE BASIC TAX RECEIPT NO.

1180693 DATED 17.03.2021 ISSUED FROM THE VILLAGE OFFICE CHERTHALA.

RESPONDENTS EXHIBITS: NIL.