Ruby Thomas, vs the District Collector,

Ruby Thomas, vs The District Collector,

Type Court Judgment Court Kerala Decided Sep 06, 2021

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https://sooperkanoon.com/case/1670451

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Citation: sooperkanoon.com/1670451
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Sep 06, 2021
Case Number: WP(C)/17968/2021

Parties & Advocates

Appellant / Petitioner

Ruby Thomas,

Respondent

The District Collector,

Excerpt

.....that the property was converted long back and is lying as dry land. it is submitted that the property is not included in the data bank and the petitioner has, therefore, submitted an application under form 6 in terms of section 27a of the kerala conservation of paddy land and wet land act, 2008 as ext.p3 and remitted the requisite fee for the consideration thereof. the petitioner seeks a consideration of the application preferred by him, since the property is recorded as nilam in the revenue records. having heard the learned government pleader also, there will be a direction to the 2 nd respondent to take up ext.p3 application submitted by the petitioner and to consider and pass orders on the same after verifying the data bank as also obtaining a report from the 4th respondent and after considering all relevant aspects of the matter. appropriate orders shall bepassed 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) 17968/2021 petitioner exhibits exhibit p1 true copy of the tax receipt dated 23.10.2020. exhibit p2 true copy of the extract of the data bank. exhibit p3 true copy of the application under form 6 before the 2nd respondent dated 27.01.2021. exhibit p4 true copy of the challan evidencing payment of statutory fee dated 03.12.2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 PETITIONER: RUBY THOMAS, AGED 59 YEARS W/O. THOMAS, KUTTIKKATT, THAIKKAD, THRISSUR 680 104. BY ADV N.KRISHNA RAJA MAULI RESPONDENTS:
1 THE DISTRICT COLLECTOR, FIRST FLOOR,CIVIL STATION, AYYANTHOLE, THRISSUR 680 003. 2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THRISSUR 680 003. 3 THE TAHSILDAR, CHAVAKKAD TALUK OFFICE, VANJIKADAVU ROAD, CHAVAKKAD, THRISSUR 680 506. 4 THE VILLAGE OFFICER, THAIKKAD VILLAGE OFFICER, THAIKKAD, THRISSUR 680 104. 5 THE LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY AGRICULTURAL OFFICER, KRISHI BHAVAN, THAIKKAD, THRISSUR 680 104.
SMT.SURYA BINOY B -SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the absolute owner of 14.84 Ares of land in Survey Nos.52/7-1 and 52/8-6 of Thaikkad Village in Chavakkad Taluk. It is submitted that the property was converted long back and is lying as dry land. It is submitted that the property is not included in the data bank and the petitioner has, therefore, submitted an application under Form 6 in terms of Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 as Ext.P3 and remitted the requisite fee for the consideration thereof. The petitioner seeks a consideration of the application preferred by him, since the property is recorded as Nilam in the revenue records. Having heard the learned Government Pleader also, there will be a direction to the 2 nd respondent to take up Ext.P3 application submitted by the petitioner and to consider and pass orders on the same after verifying the data bank as also obtaining a report from the 4th respondent and after considering all relevant aspects of the matter. Appropriate orders shall be

passed 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) 17968/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 23.10.2020. Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DATA BANK. Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 27.01.2021. Exhibit P4 TRUE COPY OF THE CHALLAN EVIDENCING PAYMENT OF STATUTORY FEE DATED 03.12.2020.

Same Court & Year Kerala · 2021 Same Parties Ruby Thomas, vs The District Collector, Same Judge Honourable Mrs. Justice Anu Sivaraman