High CourtsSingle Bench(2021) 06 KL CK 0109

Sudev V.R vs Revenue Divisional Officer Alappuzha, Sub Collector Office, Alappuzha P.O., Alappuzha District

High Court Of Kerala · Decided on 8 June 2021

HON’BLE JUDGES
C. S. Dias, J
CASE NUMBER
Writ Petition (C) No. 11061 Of 2021

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Judgment

15 paragraphs · 274 words

C.S.Dias, J

1.

The petitioner is the owner of 3.24 Ares of land comprised in Sy No.173/21B of Kodamthuruthu Village, Cherthala Taluk, Alappuzha District

covered by Ext P1 document.

2.

It is the case of the petitioner that in all the parent documents of the above property, the property is described as 'filled nilam'. The area surrounding

the property are now dry lands in which numerous trees that are decades old stand and innumerable houses have been constructed. Yet, the

petitioner's property is described as 'nilam' in the revenue records. The petitioner is desirous of constructing a house in the property, for which he has

submitted Ext P2 application, under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, before the first respondent as early as on

9.11.2020. The first respondent has received reports from the Village Officer and Agricultural Officer and a hearing was conducted on 17.2.2021.

However, the first respondent has not disposed of Ext P2 application. Hence, the writ petition.

3.

Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.

4.

Taking into account the fact that the petitioner has submitted Ext P2 application as early as on 9.11.2020 and the Village Officer and the

Agricultural Officer have already submitted their reports to the first respondent and that a hearing was conducted on 17.2.2021, I direct the first

respondent to consider and dispose of Ext P2 application, in accordance with law, as expeditiously as possible and at any rate within a period of six

weeks from the date of production of a copy of this judgment.

The writ petition is ordered accordingly.