Recca Charitable Society vs State Of Kerala

Kerala High Court

Recca Charitable Society vs State Of Kerala on 21 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 8842 OF 2024
PETITIONER:

          RECCA CHARITABLE SOCIETY ,
          THRIKKAKARA, KAKKANAD ,
          REPRESENTED BY ITS PRESIDENT
          P.G.CHILPRAKASH, PIN - 682030

          BY ADV K.P.SANTHI



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE THE REVENUE DIVISIONAL OFFICE,
          FORTKOCHI,
          ERNAKULAM DISTRICT, PIN - 682001

    3     LOCAL LEVEL MONITORING COMMITTEE,
          KRISHIBHAVAN, THRIKKAKARA,
          ERNAKULAM
          REPRESENTED BY AGRICULTURAL OFFICER, PIN - 682021

    *4    ADDL.R4.THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN,
          THRIKKAKARA,
          ERNAKULAM, PIN - 683111

    *5    ADDL.R5.THE VILLAGE OFFICER,
          KAKKANAD, ERNAKULAM , PIN - 682030

          (* ADDL.RESPONDENTS NOS. 4 & 5 ARE IMPLEADED AS PER
          ORDER DATED 03.04.2024 IN I.A.-1/2024 IN
          WP(C)NO.8842/2024.)

          BY ADVS.
          No Advocate
                                 -2-
WPC 8842/2024



OTHER PRESENT:

            SMT.AMMINIKUTTY K, SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                             -3-
WPC 8842/2024

                             MOHAMMED NIAS C.P., J.

                         ---------------------


                             WP(C)No.8842 of 2024


                       ---------------------------


                      Dated this the 21st day of May, 2024


                                    JUDGMENT

The petitioner is stated to be the owner, title holder and possession and enjoyment of 23.13 Ares of land in Resurvey No.594/6-5-2 and 594/7-3 in Block No.8 of Kakkanad Village, Kanayannoor Taluk, Ernakulam District has preferred Ext.P2 application under Form 5, of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the Act').

2. The learned counsel for the petitioner submits that no orders have been passed on the statutory applications so far.

3. Under such circumstances, there will be a direction to the additional 4th respondent - Agricultural officer to file a report to the second respondent - the Revenue Divisional Officer within two months from today. On receipt of the same, the RDO will consider Ext.P2 application within five months from the date of -4- WPC 8842/2024 receipt of the report from the additional 4th Agricultural Officer, and pass orders strictly in terms of the Act and Rules. Given the extent involved, it will open to the third respondent to require a report from the Kerala State Remote Sensing and Environment Centre (KSREC) before forwarding the same to the RDO.

The writ petition is disposed of as above.

Sd/-MOHAMMED NIAS C.P. JUDGE dlk/21.05.2024 -5- WPC 8842/2024 APPENDIX OF WP(C) 8842/2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION DATED 2-2-2024 SUBMITTED BY THE PETITIONER