Mariya vs The District Collector

Citation : 2024 Latest Caselaw 32107 Ker
Judgement Date : 7 November, 2024

Kerala High Court

Mariya vs The District Collector on 7 November, 2024

WP(C) NO. 34905 OF 2024

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                                                       2024:KER:82869

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                        WP(C) NO. 34905 OF 2024

PETITIONER:

          MARIYA,
          AGED 70 YEARS
          D/O.HYDRU HAJI, AZHAKANKANDATHIL,
          KIZHUMURI, KOPPAM, PALAKKAD, PIN - 679307


          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          CIVIL STATION, PALAKKAD, PIN - 678001

    2     DEPUTY COLLECTOR (L.R),
          CIVIL STATION, PALAKKAD, PIN - 679101

    3     THE PRINCIPAL AGRICULTURAL OFFICER,
          OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER,
          CIVIL STATION, PALAKKAD, PIN - 678001

    4     THE VILLAGE OFFICER,
          KOPPAM VILLAGE OFFICE, KOPPAM.P.O,
          PATTAMBI TALUK, PALAKKAD, PIN - 679307

    5     THE AGRICULTURAL OFFICER,
          KRISHIBHAVAN, KOPPAM.P.O, PALAKKAD, PIN - 679307

    6     LOCAL LEVEL MONITORING COMMITTEE,
          KOPPAM GRAMA PANCHAYAT, KOPPAM.P.O,
          PATTAMBI TALUK, PALAKKAD,
          REP.BY ITS CONVENER, PIN - 679307
 WP(C) NO. 34905 OF 2024

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                                                           2024:KER:82869



OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34905 OF 2024

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                                                           2024:KER:82869

                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No.34905 of 2024
                      =========================
               Dated this the 7th day of November, 2024


                             JUDGMENT

The petitioner, stated to be the owner of the property having an extent of 12.14 Ares of land comprised in Survey No.271/3-4 situated in Pattambi Taluk, in Koppam Village in Palakkad District, has preferred Ext.P2 application under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the Rules) seeking deletion of the property from the databank.

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

3. Under such circumstances, there will be a direction to the 5 th respondent Agricultural Officer to provide sufficient inputs required under the Act and the Rules to the 2nd respondent Deputy Collector under Section 2(XVA) of the Act, within one month from today. On receipt of the same, the 2nd respondent Deputy Collector will consider Ext.P2 WP(C) NO. 34905 OF 2024 4 2024:KER:82869 application within two months thereafter and pass orders strictly in terms of the Act and the Rules.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 34905 OF 2024 5 2024:KER:82869 APPENDIX OF WP(C) 34905/2024 PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.10.2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE FORM.5 APPLICATION OF THE PETITIONER DATED 26.10.2023 // True Copy // PA To Judge