IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 14^TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 WP(C) NO. 2700 OF 2023 PETITIONERS:

1 JASMI WAHAB AGED 45 YEARS W/O. K.E.ABDUL WAHAB, KAROTHUKUZHI HOUSE, KUZHIVELIPPADY, EDATHALA P.O., ALUVA, ERNAKULAM, PIN - 683561

2 JASIRA ANOOP AGED 32 YEARS W/O. ANOOP T.A., THURUTHELIL HOUSE, ALLAPRA.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683556 BY ADVS.

VAISAKHI V.

BABU KARUKAPADATH M.A.VAHEEDA BABU P.U.VINOD KUMAR ARYA RAGHUNATH T.M.MUHAMMED MUSTHAQ AJWIN P LALSON KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M.

RESPONDENTS:

1 THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR REVENUE DIVISIONAL OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR, KERALA, PIN - 682003

2 THE TAHASILDAR KODUNGALLOOR TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION, NATIONAL HIGHWAY 17, STAR NAGAR, KODUNGALLOOR, PIN - 680664

3 THE VILLAGE OFFICER VILLAGE OFFICE ERIYAD, ERIYAD, KODUNGALLOOR TALUK, PIN - 680666 SMT.PARVATHY K, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 14^th day of February, 2023 The petitioners are the owners in possession of 14.11 Ares of land in Survey Nos.104/0-5 and 104/0-6 of Eriyad Village in Kodungalloor Taluk of Thrissur District along with other items. It is submitted that the property of the petitioners is lying as garden land and the same is not suitable for paddy cultivation and is not included in the data bank. The petitioners confine their relief for an expeditious consideration of Ext.P7 application in Form No.6 under Section 27A 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 without expressing any view on the merits of the matter, this writ petition is disposed of directing the 1^st respondent to take up Ext.P7 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 proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 2700/2023 PETITIONERS’ EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK OF CULTIVABLE PADDY LAND AND WET LAND PUBLISHED UNDER SECTION 5(4) (I) OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT AND ITS RULES, BY ERIYAD GRAMA PANCHATH WITHIN THE JURISDICTION OF WHICH, THE PROPERTIES ARE SITUATED Exhibit P2 A TRUE COPY OF THE SETTLEMENT DEED DATED

23/09/2014 EXECUTED BY THE MOTHER OF THE PETITIONERS IN FAVOUR OF THE PETITIONERS SETTLING 12.14 ARES/29.99 CENTS SITUATED IN SURVEY NO. 104/0-5 OF ERIYAD VILLAGE OF KODUNGALLOOR TALUK IN THRISSUR DISTRICT Exhibit P3 A TRUE COPY OF THE SETTLEMENT DEED DATED

30/09/2014 EXECUTED BY THE MOTHER OF THE PETITIONERS IN FAVOUR OF THE PETITIONERS SETTLING 1.97 ARES/4.86 CENTS OF PROPERTY SITUATED IN 104/0-6 OF ERIYAD VILLAGE OF KODUNGALLOOR TALUK IN THRISSUR DISTRICT Exhibit P4 TRUE COPIES OF THE PHOTOGRAPHS OF THE PROPERTIES OF THE PETITIONERS Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 07/04/2022 EVIDENCING PAYMENT OF LAND TAX FOR THE PROPERTIES COVERED BY EXHIBITS P1 AND P2 (SERIAL NO. 3 AND 4 THEREIN) DESCRIBING THE NATURE OF THE PROPERTIES AS NILAM, AND ALSO THE RESIDENTIAL PLOT IN WHICH THE PARENTS OF THE PETITIONERS ARE RESIDING Exhibit P6 A TRUE COPY OF THE G.O. DATED 25/02/2021 ISSUED BY THE GOVERNMENT UNIFYING THE RATE OF FEE FOR CHANGE OF NATURE OF LAND AS PROVIDED IN THE RULES Exhibit P7 A TRUE COPY OF THE FORM 6 APPLICATION DATED

23/11/2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT FOR CHANGE OF NATURE OF THE PROPERTIES COVERED BY EXHIBITS P2 AND P3 MEASURING A TOTAL EXTENT OF 14.