Sheena vs the State of Kerala

Sheena vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 28, 2022

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https://sooperkanoon.com/case/1446406

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Citation: sooperkanoon.com/1446406
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jan 28, 2022
Case Number: WP(C)/2938/2022

Parties & Advocates

Appellant / Petitioner

Sheena

Respondent

The State of Kerala

Excerpt

.....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. petitioner confines her relief for an expeditious consideration of ext.p1 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 pleaderalso and without expressing any view on the merits of the matter, this writ petition is disposed of directing the 3rd 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 bankand obtaining all necessary inputs including the report of the village officer. petitioner shall produce a copy of the writ petition along with a copy of the judgment before the 3rd respondent for compliance. the entire proceedings shall be completed within a period of three months from the date of receipt of a copy of thisjudgment.this writ petition is ordered accordingly. sd/- anu sivaraman judge ssk/28/1 petitioner's exhibits: exhibit p1 true copy of the application dated 18.12.2021, submitted by the petitioner before 3rd respondent. exhibit p2 true copy of the receipt dated 18.12.2021 issued by the 3rd respondent evidencing the submissin of the afore application. exhibit p3 true copy of the representation dated the 1st respondent along with the postal exhibit p4 true copy of the representation dated the 2nd respondent along with the postal exhibit p5 true copy of the representation dated the 3rd respondent along with the postal exhibit p6 true copy of the representation dated the 4th respondent along with the postal exhibit p7 true copy of the representation dated the 5th respondent along with the postal respondent's/s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 WP(C) NO. 2938 OF 2022 PETITIONER: SHEENA AGED 45 YEARS W/O BIJO, THOTTAPPILLY HOUSE, KALLETTUMKARA P.O., THRISSUR DISTRICT, PIN - 680 683. BY ADVS. TISSY ROSE K CHERIYAN CLETUS THOTTAPILLY RESPONDENTS:
THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOL, 1ST 2 FLOOR, CIVIL LINE ROAD, KALYAN NAGAR P.O., THRISSUR DISTRICT, PIN - 680 003. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680 125. THE TAHASILDAR, 2ND FLOOR, MUNICIPAL TOWN HALL COMPLEX, CHALAKKUDY P.O., THRISSUR DISTRICT, PIN - 680 307. 5 THE VILLAGE OFFICER, KIZHAKKE CHALAKKUDY VILLAGE OFFICE, KIZHAKKE CHALAKKUDY, PIN - 690 307.
VINITHA B-SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 28th day of January, 2022

Petitioner is the owner in possession of a total extent of 4.9 Ares of land comprised of .30 Ares and 4.6 Ares in Survey Nos.552/1-16 and 553/3-2 respectively of Kizhakke Chalakudy Village in Chalakudy 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. Petitioner confines her relief for an expeditious consideration of Ext.P1 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 3rd 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. Petitioner shall produce a copy of the writ petition along with a copy of the judgment before the 3rd respondent for compliance. 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 SSK/28/1 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE APPLICATION DATED 18.12.2021, SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE RECEIPT DATED 18.12.2021 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE SUBMISSIN OF THE AFORE APPLICATION. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED THE 1ST RESPONDENT ALONG WITH THE POSTAL Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED THE 2ND RESPONDENT ALONG WITH THE POSTAL Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED THE 3RD RESPONDENT ALONG WITH THE POSTAL Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED THE 4TH RESPONDENT ALONG WITH THE POSTAL Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED THE 5TH RESPONDENT ALONG WITH THE POSTAL RESPONDENT'S/S EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties Sheena vs The State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman