Michale Xavier, vs the District Collector,

Michale Xavier, vs The District Collector,

Type Court Judgment Court Kerala Decided Mar 07, 2022

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https://sooperkanoon.com/case/1440410

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Citation: sooperkanoon.com/1440410
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Mar 07, 2022
Case Number: WP(C)/323/2022

Parties & Advocates

Appellant / Petitioner

Michale Xavier,

Respondent

The District Collector,

Excerpt

.....of varantharappilly village in chalakkudy taluk of thrissur district. it is submitted that the property of the petitioner is lying as garden 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.p3 application in form no.6 under section 27a 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 andwithout expressing any view on the merits of the matter, this writ petition is disposed of directing the 2nd 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 after verifying the nature and extent of the property 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. this writ petition is ordered accordingly. sd/- anu sivaraman judge svp appendix of wp(c) 323/2022 petitioner exhibits exhibit p3 true copy of the application under form 6 before the 2nd respondent dated 09-02-2021 exhibit p4 true copy of the challan evidencing payment of statutory fee dated 19-01-2021 exhibit p5(1) true copy of the letter bearing no. b5/2134/2021/endt. sent by the 2nd respondent to the 4th respondent dated 09- exhibit p5(2) true copy of the letter bearing no. b5/2134/2021 /endt sent by the 2nd respondent to the 5th respondent dated 09- exhibit p6 true copy of the report issued by the 4th respondent dated 13-07-2021 exhibit p1 true copy of the tax receipt dated 17.12.2020. exhibit p2 true copy of the extract of the published data bank.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 PETITIONER: MICHALE XAVIER, AGED 52 YEARS S/O. XAVIER IMMOYIN, IMMOYIN HOUSE, VARAKKARA P.O., THRISSUR-680302. BY ADVS. N.KRISHNA RAJA MAULI RENI JAMES RESPONDENTS: 1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR-680003. 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, CIVIL STATION ANNEXE, IRINJALAKUDA-680125. 3 THE TAHSILDAR, CHALAKKUDY TALUK OFFICE, THIRD FLOOR, MUNCIPAL TOWN HALL COMPLEX, CHALAKUDY, THRISSUR-680307. 4 THE VILLAGE OFFICER, VARANDARAPPILLY VILLAGE OFFICE, VARANDARAPPILLY, THRISSUR-680303. 5 THE AGRICULTURAL OFFICER, VARANDARAPPILLY KRISHI BHAVAN, P.O. NANDIPULAM, THRISSUR-680312. PRINCY XAVIER-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the owner in possession of 5.08 Ares of land in Survey No.262/1 of Varantharappilly Village in Chalakkudy Taluk of Thrissur District. It is submitted that the property of the petitioner is lying as garden 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.P3 application in Form No.6 under Section 27A 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 2nd 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 after verifying the nature and extent of the property 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. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE SVP APPENDIX OF WP(C) 323/2022 PETITIONER EXHIBITS Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 09-02-2021 Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 19-01-2021 Exhibit P5(1) TRUE COPY OF THE LETTER BEARING NO. B5/2134/2021/ENDT. SENT BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 09- Exhibit P5(2) TRUE COPY OF THE LETTER BEARING NO. B5/2134/2021 /ENDT SENT BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT DATED 09- Exhibit P6 TRUE COPY OF THE REPORT ISSUED BY THE 4TH RESPONDENT DATED 13-07-2021 Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 17.12.2020. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK.

Same Court & Year Kerala · 2022 Same Parties Michale Xavier, vs The District Collector, Same Judge Honourable Mrs. Justice Anu Sivaraman