Kerala High Court
Dr. Leena Babu vs Deputy Collector (Rr) on 30 October, 2024
WP(C) NO. 33774 OF 2024
1
2024:KER:80804
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 33774 OF 2024
PETITIONER:
DR. LEENA BABU,
AGED 38 YEARS
D/O. MUTTAPPALLY VARGHESE, PARAPPATHIYIL HOUSE,
B-5, PEACE GARDEN, ARTS COLLEGE P.O., KOZHIKODE DT.,
POWER OF ATTORNEY TO:(MUHAMMED ALTHAF PARAPPATHIYIL,
AGED 46 YEARS, S/O. PARAPPATHIYIL ABDULLA,
PARAPPATHIYIL HOUSE, B-5, PEACE GARDEN,
ARTS COLLEGE PO., KOZHIKODE DT.,, PIN - 673018
BY ADV AFTHABUDHEEN P.K
RESPONDENTS:
1 DEPUTY COLLECTOR (RR),
KOZHIKODE CIVIL STATION, PIN - 673020
2 VILLAGE OFFICER,
CHELAVUR VILLAGE OFFICE, CHELAVUR P.O.,
KOZHIKODE DT.,, PIN - 673018
3 AGRICULTURAL FIELD OFFICER,
PUTHIYARA KRISHI BHAVAN, PUTHIYARA P.O.,
KOZHIKODE DT.,, PIN - 673004
4 ADDL R4 REVENUE DIVISIONAL OFFICER
KOZHIKODE CIVIL STATION,PIN-673020 [ADDL R4 IMPLEADED
AS PER ORDER DATED 28-10-2024 IN IA 01/2024 IN WP(C)
33774/2024]
OTHER PRESENT:
SMT. DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33774 OF 2024
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2024:KER:80804
MOHAMMED NIAS C.P., J
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W.P(C) No. 33774 of 2024
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Dated this the 30th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an extent of 4 Ares 42.1 Sq. mtr of land comprised in Survey No.43/29, Kozhikode Taluk, in Chelavoor Village in Kozhikode District, has preferred Ext.P3 application under Form-6 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the Rules) seeking change of user of the property in the data bank.
2. The learned counsel for the petitioner submits that no orders have been passed on the statutory application so far.
3. Accordingly, there will be a direction to the 2 nd respondent Village Officer to give sufficient inputs required under the Act and the Rules to the additional 4 th respondent Revenue Divisional Officer or the officer authorised under Section 2(XVA) of the Act, within three months from today. On receipt of the same, the additional 4 th respondent Revenue Divisional Officer/authorised officer will consider Ext.P3 application within two months thereafter and pass orders strictly in WP(C) NO. 33774 OF 2024 3 2024:KER:80804 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. 33774 OF 2024 4 2024:KER:80804 APPENDIX OF WP(C) 33774/2024 PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF THE AFOREMENTIONED POWER OF ATTORNEY DATED 14.06.2024 EXHIBIT P2 THE COPY OF THE BASIC TAX RECEIPTS, DATED 02.04.2024, EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM 6, DATED 19.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE REMITTED REQUISITE FEES FOR THE FORM 6 APPLICATION DATED 19.09.2024 EXHIBIT P5 TRUE COPY OF THE ORDER OF DEPUTY COLLECTOR (R. R), KOZHIKODE TALUK, WITH REGARD TO THE FORM 5 APPLICATION OF THE PETITIONER HEREIN, AS EXCLUSION OF AFORE PROPERTY FROM THE DATA BANK, DATED 19.09.2024, FILE N0. 715/2024, // True Copy // PA To Judge