Nizamuddin vs the State of Kerala

Nizamuddin vs The State of Kerala

Type Court Judgment Court Kerala Decided Feb 11, 2022

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https://sooperkanoon.com/case/1450295

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Citation: sooperkanoon.com/1450295
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 11, 2022
Case Number: WP(C)/4582/2022

Parties & Advocates

Appellant / Petitioner

Nizamuddin

Respondent

The State of Kerala

Excerpt

.....ernakulam district. it is submitted that the property of the petitioner is lying as dry 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.7 under section 27a of the kerala conservation of paddy land and wetland act, 2008, seeking permission for use of land for other purposes.2. the petitioner has also raised a contention with regard to the extentof property which is to be set apart for water conservation measures contending that it is only 10% of the extent of land by which it exceeds 50 cents that is liable to be set apart for the said purpose.3. having heard the learned government pleader also and withoutexpressing any view on the merits of the matter, this writ petition is disposed of directing the 2nd respondent to take up ext.p3 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 four months from the date of receipt of a copy of this judgment. the petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2 nd respondent for compliance. the contention of the petitioner with regard to the extent of land to be set apart for water conservation measures is left open. this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 4582/2022 petitioner’s exhibits: exhibit p1 a true copy of the tax receipt dt.10/08/2021. exhibit p2 a true copy of the relevant pages of the data bank. exhibit p3 a true copy of the application in form 7 dated exhibit p4 a true copy of the receipt for fee dated respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 11TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 PETITIONER: NIZAMUDDIN AGED 41 YEARS S/O.ABOOBACKER, ELAVAKKAD, KAKKANAD WEST, KAKKANAD P.O., ERNAKULAM, KERALA - 682 030. BY ADV K.C.VINCENT RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM - 695 001. 2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, FORT KOCHI, FORT KOCHI P.O., ERNAKULAM - 682 001. 3 THE TAHSILDAR (LAND RECORDS) KANAYANNUR TALUK OFFICE, MARINE DRIVE, ERNAKULAM - 682 011. 4 THE VILLAGE OFFICER THRIKKAKARA NORTH VILLAGE OFFICE, KAKKANAD P.O., 5 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KAKKANAD, KAKKANAD P.O., ERNAKULAM - 682 030. 6 THE AGRICULTURAL OFFICER KRISHI BHAVAN, KAKKANAD, KAKKANAD P.O., SMT.VINITHA B-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 11th day of February, 2022 The petitioner is the owner in possession of 45.18 Ares of land in Survey Nos.200/1, 200/3, 200/4, 200/8, 200/6, 191/8-2, 191/14, 200/2, Village, Kanayannur Taluk, Ernakulam District. It is submitted that the property of the petitioner is lying as dry 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.7 under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.

2. The petitioner has also raised a contention with regard to the extent

of property which is to be set apart for water conservation measures contending that it is only 10% of the extent of land by which it exceeds 50 cents that is liable to be set apart for the said purpose.

3. 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 Ext.P3 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 four months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2 nd respondent for compliance. The contention of the petitioner with regard to the extent of land to be set apart for water conservation measures is left open. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 4582/2022 PETITIONER’S EXHIBITS: Exhibit P1 A TRUE COPY OF THE TAX RECEIPT DT.10/08/2021. Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK. Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM 7 DATED Exhibit P4 A TRUE COPY OF THE RECEIPT FOR FEE DATED RESPONDENTS’ EXHIBITS: NIL

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