P.K. VARGHESE, v. THE REVENUE DIVISIONAL OFFICER
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-02-17. P.K. VARGHESE, v. THE REVENUE DIVISIONAL OFFICER. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941 WP(C). No. 300 OF 2020(J) PETITIONER/S: P. K. VARGHESE, AGED 66 YEARS PALATHINKAL, POONITHURA. P. O, ERNAKULAM DISTRICT, PIN- 682038 BY ADVS. SRI. U. JAYAKRISHNAN SRI. RENJITH B. MARAR SMT. LAKSHMI. N. KAIMAL SRI. SADCHITH. P. KURUP SMT. SINDHU K. S. SRI. SUMESH. S. KALARICKEL RESPONDENT/S: 1 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, FORT KOCHI-682002 2 THE VILLAGE OFFICER, NADAMA VILLAGE, THRIPPUNITHURA, ERNAKULAM PIN-682301 OTHER PRESENT: SAIGI JACOB PALATTY, SR. G. P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17. 02. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 300 OF 2020(J) 2 ALEXANDER THOMAS, J. ----------------------------------------- W. P. (C. ) No.
300 of 2020 -----------------------------------------th Dated this the 17 day of February, 2020 JUDGMENT The prayers in the above W. P. (C. ) are as follows : “i. Issue a writ of mandamus or any other appropriate writ, order or direction st nd commanding the 1 respondent to forward the application to the 2 respondent for submitting his report. ii. Issue a writ in the nature of mandamus or such other writ, direction or orders nd commanding the 2 respondent to submit his report within 15 days of time as per the Sec. 12 (4) envisaged in the conservation of paddy land and wetland Act and Rules 2008. iii. Issue a writ in the nature of mandamus or such other writ, direction or orders commanding respondents to allow the application preferred by the petitioner allowing him to construct residential house in his extending to 15. 89 Ares comprised in survey number 41/2 (437 Old survey no) of Nadama Village in Ernakulam District. iv.
And this Honourable Court may be pleased to grant such other reliefs as are deemed just and necessary in the facts and circumstances of the case, in the interest of justice. ” 2. Heard Sri. Renjith B Marar, learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, learned senior Government Pleader appearing for the respondents. 3. The petitioner has filed Ext. P2 petition dated 20. 11. 2019 before st the 1 respondent, Revenue Divisional Officer, Fort Kochi seeking permission for change of the user of the land as per the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 etc. 4. Without getting into the merits of the controversy in any st manner, it is ordered that the 1 respondent will take up the plea made by WP(C). No. 300 OF 2020(J) 3 the petitioner in Ext.
P2 petition, after following the requisite procedure and after affording reasonable opportunity of being heard to the petitioner, will render a considerable decision thereon in accordance with the law, without much delay, preferably within a period of 3 months from the date of production of a certified copy of this judgment. With these observations and directions, the above W. P. (C. ) will stand disposed of. Sd/- ALEXANDER THOMAS, JUDGE SKS APPENDIX PETITIONER'S/S EXHIBITS: TRUE COPY OF THE DATA BANK OF PADDY LAND AND WETLANDS OF TRIPUNITHURA MUNICIPALITY AS PER THE KERALA LAND CONVERSION OF PADDY AND WETLAND RULES 2008 A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER ON FORM NUMBER 6 OF KERALA CONSERVATION OF PADDY LAND WETLAND RULES 2008 BEFORE THE 1ST RESPONDENT DATED 20. 11. 2019 A TRUE COPY OF THE RECEIPT FOR THE FEE PAID UNDER SECTION 12(9) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES 2008 DATED 20. 11.
2019 A TRUE COPY OF THE ACKNOWLEDGEMENT OF APPLICATION FILED BEFORE THE RDO FORT COCHIN A TRUE COPY OF TITLE DEED OF THE PETITIONER A TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY BELONGS TO THE PETITIONER VIDE SURVEY NUMBER 41/2 A TRUE COPY OF THE LOCATION SKETCH PROVIDED BY THE 2ND RESPONDENT
Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.