Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 PETITIONERS :- 1 MURALI, AGED 64 YEARS 2 SREEKUMAR, AGED 60 YEARS BY ADVS. V.N.SANKARJEE MURALEEDHARAN.C. V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR NITHEESH.M SUKANYA S. RESPONDENTS :- 1 THE DISTRICT COLLECTOR ALAPPUZHA, CIVIL STATION, ALAPPUZHA DISTRICT, PIN - 688 001 2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, OPPOSITE DISTRICT COURT COMPLEX, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 121 3 THE TAHSILDAR TALUK OFFICE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690 101 4 THE VILLAGE OFFICER VILLAGE OFFICE, KATTANAM VILLAGE, -: 2 :- 5 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER, KRISHI BHAVAN, BHARANIKKAVU, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690 503 SRI.APPU.P.S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 3 :-
JUDGMENT
Dated this the 31st day of March, 2023 The petitioners are the joint owners in possession of 6.89 Ares of land in Survey Nos.255/14 and 255/32 of Kattanam Village in Mavelikkara Taluk of Alappuzha District. It is submitted that the property of the petitioners has been lying as purayidom and the same is not suitable for paddy cultivation and is not included in the data bank. The petitioners confine their relief for an expeditious consideration of Ext.P8 application in Form No.6 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 proceedings shall be completed within a period of three months from the date of receipt of a copy of this
judgment.
Sd/- ANU SIVARAMAN JUDGE Jvt/11.4.2023 -: 4 :- APPENDIX OF WP(C) 8515/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PARTITION DEED DATED 16.10.2018 NUMBER 1762/2018 OF THE S.R.O., BHARANIKKAVU Exhibit P2 TRUE COPY OF TAX RECEIPT DATED 24.5.2022 NO. KL040600804141/2022 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE CERTIFICATE NO. 1406/18 DATED 22.12.2018 ISSUED BY THE 4TH RESPONDENT VILLAGE OFFICER Exhibit P4 TRUE COPY OF THE CERTIFICATE DATED 5.11.2019 ISSUED BY THE AGRICULTURAL OFFICER, BHARANIKKAVU Exhibit P5 TRUE COPY OF THE NOTIFICATION NO. A2/3278/19
DATED 18.5.2020 PUBLISHED BY THE GRAMA PANCHAYAT BHARANIKKAVU IN EXTRA-ORDINARY GAZETTE VOLUME IX NO. 1225 DATED 21.5.2020 Exhibit P6 TRUE COPY OF THE LOCATION SKETCH NO. 1382/18 DATED 15.12.2018 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF NOTICE NO. 04/23 DATED 28.2.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE FORM 6 APPLICATIONS WITH AFFIDAVIT AND CASH RECEIPT DATED 6.3.2023 AND 4.3.2023 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P9 TRUE PHOTOGRAPHS (3 IN NUMBER) OF THE PETITIONERS' PROPERTY, ADJACENT PROPERTY AND THE ROAD