Kerala High Court
Ramachandra Swamy vs The District Collector on 22 March, 2022
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO. 9610 OF 2022
PETITIONER:
RAMACHANDRA SWAMY
AGED 65 YEARS
CHAIRMAN, ANJANEYA CHARITABLE TRUST,
KULASEKHARAMANGALAM P.O, VAIKOM, KOTTAYAM DISTRICT.
BY ADV PRASAD CHANDRAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION, KOTTAYAM - 686002.
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF RDO, PALA - 686575.
3 THE VILLAGE OFFICER
KULASEKHARAMANGALAM VILLAGE, VAIKOM - 686141.
4 THE MARAVATHURUTHU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MARAVANTHURUTHU P.O,
VAIKOM - 696608.
BY SMT.PRINCY XAVIER-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.9610 OF 2022
2
JUDGMENT
Dated this the 22nd day of March, 2022 Petitioner is the owner in possession of a total extent of 46.08 Ares of land in Survey Nos.117/10, 33/11B, 33/14A-5, 33/14B-4 and 33/15 of Kulashekharamangalam Village in Vaikom Taluk of Kottayam District. It is submitted that out of the 46.08 Ares of land, 5.26 Ares of land in Survey Nos.33/15 and 117/10 of the same village are recorded as nilam. It is submitted by the petitioner that the property is lying as dry land and the same is not suitable for paddy cultivation and is not included in the data bank. It is further submitted that the petitioner had been permitted to construct a building in the property in question and that the request of the petitioner for occupancy certificate is pending, due to the want of orders passed in Exhibit P5 application.
2. In the above view of the matter what remains for consideration is with regard to Exhibit P5 application in Form 6 under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.
3. Having heard the learned Government Pleader WP(C) NO.9610 OF 2022 3 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 Exhibit P5 application, consider and pass orders on the same, after considering all relevant aspects of the matter including identity of the property and after verifying the data bank and obtaining all necessary inputs including the report of the Village Officer. Petitioner shall produce a copy of the writ petition along with a copy of the judgment before the 2nd respondent for compliance. The entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. After orders are passed on Exhibit P5 Form 6 application, the panchayath shall take up the request made by the petitioner for occupancy certificate and shall consider and pass orders on the same, within a period of one month thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SSK/22/03 WP(C) NO.9610 OF 2022 4 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 24.11.2021 ISSUED BY VILLAGE OFFICER, KULASEKHARAMANGALAM.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 23.11.2021 ISSUED BY VILLAGE OFFICER, KULASEKHARAMANGALAM.
Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 15.07.2017.
Exhibit P4 TRUE COPY OF THE APPLICATION FOR PERMIT FOR ADDITIONAL CONSTRUCTION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 06.01.2022.
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.01.2022.
RESPONDENT'S/S EXHIBITS: NIL