Kerala High Court
WP(C)/6170/2022 of MARTIN VARGHESE Vs THE REVENUE DIVISIONAL OFFICER/COLLECTOR on 1 January 1970
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 WP(C) NO. 6170 OF 2022 PETITIONERS: 1 MARTIN VARGHESE AGED 59 YEARS S/O. M.T VARGHESE, MELETH HOUSE, FLAT NO.703, SEIKEN EAST END, PONOTH ROAD, KALOOR P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 24[TH] DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943WP(C) NO. 6170 OF 2022
PETITIONERS:
1MARTIN VARGHESE AGED 59 YEARSAGED 59 YEARS
S/O. M.T VARGHESE, MELETH HOUSE, FLAT NO.703, SEIKEN EAST END, PONOTH ROAD, KALOOR P.O., KOCHI-682 017
2RISMA THOMASAGED 51 YEARSAGED 51 YEARS
W/O. M.T VARGHESE, MELETH HOUSE, FLAT NO.703, SEIKEN EAST END, PONOTH ROAD, KALOOR P.O., KOCHI-682 017
BY ADVS.
P.K.SOYUZ
E.V.BABYCHAN
RESPONDENTS:
1THE REVENUE DIVISIONAL OFFICER/COLLECTORRDO OFFICE, FORT KOCHI.P.O., ERNAKULAM, PIN-682 001RDO OFFICE, FORT KOCHI.P.O., ERNAKULAM, PIN-682 001
2THE LOCAL LEVEL MONITORING COMMITTEE,CHERANELLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERANALOOR, SOUTH CHITTOOR P.O., KOCHI-682 027CHERANELLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN, CHERANALOOR, SOUTH CHITTOOR P.O., KOCHI-682 027
3THE VILLAGE OFFICER,CHERANALLOOR VILLAGE, KANAYANOOR TALUK, CHITTOOR SOUTH P.O., ERNAKULAM, PIN-682 027CHERANALLOOR VILLAGE, KANAYANOOR TALUK, CHITTOOR SOUTH P.O., ERNAKULAM, PIN-682 027
SMT.VINITHA B,SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Dated this the 24[th] day of February, 2022
The petitioners are the owners in possession of 6.3 Ares of land in Re-Survey No.224/1-6 and the 2[nd] petitioner is the owner in possession of3.8 Ares of land in Re-Survey Nos.224/1-6-2 and 224/2-6-2 in Block No.4
of Cheranalloor Village, Kanayannur Taluk of Ernakulam District. It issubmitted that the properties of the petitioners are lying as converted landand the same is not suitable for paddy cultivation and has been removedfrom the data bank. The petitioners confine their relief for an expeditiousconsideration of Exts.P6 and P7 applications in Form No.6 under Section27A 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 withoutexpressing any view on the merits of the matter, this writ petition isdisposed of directing the 1[st] respondent to take up Exts.P6 and P7applications, consider and pass orders on the same, after considering all WP(C) NO. 6170 OF 2022
relevant aspects of the matter and after verifying the data bank andobtaining all necessary inputs including the report of the Village Officer.The entire proceedings shall be completed within a period of four monthsfrom the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
APPENDIX OF WP(C) 6170/2022
PETITIONERS’ EXHIBITS:
Exhibit P1TRUE COPY OF THE LAND TAX RECEIPT OF THE 1ST PETITIONER DATED 01.12.2021
Exhibit P2TRUE COPY OF THE LAND TAX RECEIPT OF THE 2ND PETITIONER DATED 01.012.2021PETITIONER DATED 01.012.2021
Exhibit P3TRUE COPY OF THE RELEVANT PAGES OF THE MINUTESOF THE MEETING DATED 06.11.2020 OF THE 2ND RESPONDENTOF THE MEETING DATED 06.11.2020 OF THE 2ND RESPONDENT
Exhibit P4TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER, CHERANALLOR DATED 16.01.2021OFFICER, CHERANALLOR DATED 16.01.2021
Exhibit P5TRUE COPY OF THE ORDER NO.DCEKM/5687/2021-L10 DATED 22.11.2021 OF THE DISTRICT COLLECTOR ERNAKULAMDATED 22.11.2021 OF THE DISTRICT COLLECTOR ERNAKULAM
Exhibit P6TRUE COPY OF THE APPLICATION SENT BY THE 1ST PETITIONER DATED 18.01.2021PETITIONER DATED 18.01.2021
Exhibit P6ATRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED 23.01.2123.01.21
Exhibit P6BTRUE COPY OF THE SKETCH OF THE LAND OWNED BY THE PETITIONERSTHE PETITIONERS
Exhibit P6CTRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED SHOWING THE RECEIPT OF SKETCH 14.02.22SHOWING THE RECEIPT OF SKETCH 14.02.22
Exhibit P7TRUE COPY OF THE APPLICATION SENT BY THE 2ND PETITIONER DATED 18.01.2021PETITIONER DATED 18.01.2021
Exhibit P7ATRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED 23.01.2123.01.21
Exhibit P7BTRUE COPY OF THE SKETCH LAND OWNED BY THE 2ND PETITIONERPETITIONER
Exhibit P7CTRUE COPY OF THE POSTAL ACKNOWLEDGMENT SHOWINGTHE RECEIPT OF SKETCH DATED 14.02.2022THE RECEIPT OF SKETCH DATED 14.02.2022
RESPONDENTS’ EXHIBITS: NIL