Basheer M.M. vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2023

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Citation: sooperkanoon.com/1335409
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jan 31, 2023
Case Number: WP(C)/3209/2023

Parties & Advocates

Appellant / Petitioner

Basheer M.M.

Respondent

State of Kerala

Excerpt

.....2023 the petitioner is the owner in possession of 35.35 ares of land in re-survey nos.26, 26/2, 27/2 and 27/3 of perumbavoorvillage in kunnathunadu taluk of ernakulam district. it is submitted that the property of the petitioner is purayidom 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 no.7 under the provisions of the kerala conservation of paddy land and wetland act, 2008, seeking permission for use of land for other purposes.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 2 nd respondent to take up the 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 -: 3 :- proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. the issuance of ext.p4 will not stand in the way of consideration of the application submitted by the petitioner.sd/- anu sivaraman judge jvt/3.2.2022 -: 4 :- appendix of wp(c) 3209/2023 petitioner exhibits exhibit p1 . a true copy of the tax receipt dated 16.11.2022 exhibit p2 a true copy of the sale deed no. 2593 of 2017 of s.r.o. perumbavoor exhibit p3 a true copy of the proceedings of the 2nd respondent dated 27.07.2022 exhibit p4 a true copy of the communication issued by the 4th respondent to the 5th respondent dated 04.01.2023 exhibit p5 a true copy of the application in form 7 submitted online dated 17.01.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 PETITIONER :- BASHEER M.M., AGED 58 YEARS S/O.MUHAMMED, AMBADAN HOUSE, PERUMBAVOOR P.O., PERUMPAVOOR, ERNAKULAM, PIN - 683 542 BY ADVS. K.C.VINCENT T.N.ARJUN RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001 2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, PIN - 686 669 3 THE TAHSILDAR (LAND RECORDS) KUNNATHUNADU TALUK, PERUMBAVOOR P.O., 4 THE VILLAGE OFFICER PERUMBAVOOR, PERUMBAVOOR P.O, 5 THE STATION HOUSE OFFICER POLICE STATION, PERUMBAVOOR, PERUMBAVOOR P.O, BY SRI.JOSHY THANNICKAMATTOM, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-

JUDGMENT

Dated this the 31st day of January, 2023 The petitioner is the owner in possession of 35.35 Ares of land in Re-survey Nos.26, 26/2, 27/2 and 27/3 of Perumbavoor

Village in Kunnathunadu Taluk of Ernakulam District. It is submitted that the property of the petitioner is purayidom 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 No.7 under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.

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 2 nd respondent to take up the 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 -: 3 :- proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. The issuance of Ext.P4 will not stand in the way of consideration of the application submitted by the petitioner.

Sd/- ANU SIVARAMAN JUDGE Jvt/3.2.2022 -: 4 :- APPENDIX OF WP(C) 3209/2023 PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE TAX RECEIPT DATED 16.11.2022 Exhibit P2 A TRUE COPY OF THE SALE DEED NO. 2593 OF 2017 OF S.R.O. PERUMBAVOOR Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 27.07.2022 Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 04.01.2023 Exhibit P5 A TRUE COPY OF THE APPLICATION IN FORM 7 SUBMITTED ONLINE DATED 17.01.2023

Same Court & Year Kerala · 2023 Same Parties Basheer M.M. vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman