Sunny Kurian vs The District Collector
2024 Latest Caselaw 31388 Ker

Kerala High Court

Sunny Kurian vs The District Collector on 2 November, 2024

                                                2024:KER:81553

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR. JUSTICE P.M.MANOJ

SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946

                     WP(C) NO. 38336 OF 2024

PETITIONERS:

          SUNNY KURIAN
          AGED 68 YEARS
          S/O. KURIAN M.J, MEEKAMALIL,
          T.C JOHN LANE, T.B ROAD,
          PERUMBAVOOR P.O, ERNAKULAM, PIN - 683542


          BY ADVS.
          FARHANA K.H.
          MUHASIN K.M.




RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          DISTRICT COLLECTORATE,
          FIRST FLOOR, CIVIL STATION,
          KAKKANAD, ERNAKULAM, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER
          MUVATTUPUZHA REVENUE DIVISIONAL OFFICE,
          PTTIMATTA,M- MUVATTUPUZHA ROAD,
          MUVATTUPUZHA, ERNAKULAM, PIN - 686673

    3     THE DEPUTY COLLECTOR (LR)
          COLLECTORATE, CIVIL STATION,
          KAKKANAD, ERNAKULAM, PIN - 682030
 WP(C) No.38336 of 2024

                                    2


                                                           2024:KER:81553


     4       THE TAHSILDAR
             KUNNATHUNADU TALUK OFFICE,
             POOPANI ROAD, PERUMBAVOOR,
             ERNAKULAM, PIN - 683543

     5       THE VILLAGE OFFICER
             ASAMANNOOR VILLAGE OFFICE,
             ODAKALY JUNCTION,
             ERNAKULAM, PIN - 683549



             SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER


      THIS     WRIT      PETITION   (CIVIL)      HAVING     COME    UP    FOR
ADMISSION     ON    02.11.2024,         THE   COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.38336 of 2024

                                 3


                                                     2024:KER:81553




                            P.M. MANOJ, J
                    -----------------------------------
                   W.P.(C) Nos.38336 of 2024
              -----------------------------------------------
           Dated this the 2nd day of November, 2024


                             JUDGMENT

The petitioner is stated to be the owner of the property

having an extent of 17.96 Ares of land comprised in Survey

Nos.142/5 and 142/6 of Block No.15 of Asamannoor Village,

Kunnathunadu Taluk in Ernakulam District. It is stated that the

property is described as 'Nilam' in revenue records. Accordingly,

for utilizing the said property for commercial purposes, the

petitioner has preferred Ext.P3 application in Form-6 of the

Kerala Conservation of Paddy Land and Wetland Act and Rules,

2008, (for short, the Act and the Rules) seeking permission to

use the land for any other purposes.

2. The learned counsel for the petitioner submits that no

orders have been passed on the statutory application so far.

3. I have heard learned counsel for the petitioner and the

learned Government Pleader.

4. On considering the limited nature of the prayer in this

Writ Petition, I am of the considered opinion that Form 6

2024:KER:81553

application shall be given a logical conclusion. For that purpose,

I direct the 5th respondent-Village Officer to submit a report to

the 3rd respondent with respect to the property in question

within a period of two months from the date of receipt of a

certified copy of this judgment. In the event of receipt of such

report, the 3rd respondent, who is the authorised officer under

Section 2(XVA) of the Act, shall consider and pass appropriate

orders on Ext.P3 application within a further period of five

months thereafter.

The writ petition is disposed of as above.

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:81553

APPENDIX OF WP(C) 38336/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 02.04.2024

Exhibit P2 TRUE COPY OF PUBLISHED DATA BANK OF ASAMANNOOR GRAMA PANCHAYATH DATED 15.01.2021

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 28.08.2024 ALONG WITH SURVEY SKETCH

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 30.07.2024