Disposed

Arun Kumar B v. the District Collector

Kerala HC10 Apr 2023WP(C)/8349/2022

Case brief

AI extract

What is this about?

Petitioner, owner of reclaimed land not suitable for cultivation, filed a writ petition seeking consideration of his application under the Kerala Conservation of Paddy land and Wetland Act, 2008, for permission to use the land for other purposes. The court directed the Revenue Divisional Officer to consider the application after verifying the data bank.

What did the court decide?

Directed 2nd respondent to consider Ex.P6 application, verify data bank, and pass orders within three months.

Arun Kumar B Vs the District Collector — Landlord and Tenant | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 10^TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945

¶5

WP(C) NO.8349 OF 2022

¶6

PETITIONER :-

¶7

ARUN KUMAR B, AGED 47 YEARS S/O.LATE BHANU, RETNA NIVAS, KANDALLOOR SOUTH P.O, KANDALLOOR, KAYAMKULAM, ALAPPUZHA DISTRICT.

¶8

BY ADVS. M.V.THAMBAN R.REJI THARA THAMBAN B.BIPIN ARUN BOSE SUNEESH KUMAR R.

¶9

RESPONDENTS :-

¶10

1 THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, ALAPUZHA DISTRICT, PIN - 688 001

¶11

2 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689 121

¶12

3 THE TAHSILDAR, TALUK OFFICE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT, PIN - 690 516

¶13

4 THE VILLAGE OFFICER VILLAGE OFFICE, KANDALLOOR, ALAPPUZHA DISTRICT, PIN - 690 516

¶14

5 AGRICULTURAL OFFICER KRISHI BHAVAN, KANDALLOOR, KANDALOOR (PO), ALAPPUZHA DISTRICT, PIN - 690 516 BY SRI.APPU P.S., GP

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO.8349 OF 2022

¶17

-: 2 :-

¶18

JUDGMENT

¶19

Dated this the 10th day of April, 2023

¶20

The petitioner is the owner in possession of 20.23 Ares of land in Survey Nos.623/8, 623/9, 623/12 and 623/18-2 of Kandalloor Village in Karthikappally Taluk of Alappuzha District. It is submitted that t he property of the petitioner is lying as reclaimed land and the same is not suitable for paddy cultivation and is not included in the data bank. The petitioner con fines his relief for an expeditious consideration of Ext.P6 application in Form No.7 under the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.

¶21

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 2^nd 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. The entire

¶22

WP(C) NO.8349 OF 2022

¶23

-: 3 :-

¶24

proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment.

¶25

Sd/ANU SIVARAMAN JUDGE

¶26

Jvt/18.4.2023

¶27

WP(C) NO.8349 OF 2022

¶28

-: 4 :-

¶29

APPENDIX OF WP(C) 8349/2022

¶30

PETITIONER EXHIBITS

¶31

Exhibit	P1 TRUE COPY ISSUED BY	OF THE TAX RECEIPT DATED 12-04-2021 THE VILLAGE OFFICER, KANDALOOR VILLAGE.
Exhibit	P2 TRUE COPY ISSUED BY	OF THE CERTIFICATION DATED 09-03-2021 THE 5TH RESPONDENT.
Exhibit	P3 TRUE COPY FILED BY	OF THE APPLICATION DATED 13-04-2021 THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit	P4 TRUE OF T 25-02-202	HE G.O(RT) NO 1166/2021/REVENUE DATED 1
Exhibit	P5 TRUE COPY REMITTED	OF THE CHALLAN DATED 13-04-2021 BY THE PETITIONER.
Exhibit	P6 TRUE COPY FILED BY	OF THE APPLICATION DATED 24.03.2023 THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit	P7 TRUE COPY	OF THE FEE RECEIPT DATED 24.03.2023

Arun Kumar B v. the District Collector

Case brief

What is this about?

What did the court decide?

Arun Kumar B v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Sree Agencies, Vs the Chief Manager

Noushad P.A. Vs Anicadu Grama Panchayat

M. S. Joy Vs District Collector

M/s B& B Granites, Vs the Ministry of Environment Forest & Climate Change

Paramasivan Vs Pala Municipality

Sebastian.P.a, Vs Kochi Municipal Corporation