Irshad M Hassan vs The District Collector
2024 Latest Caselaw 10522 Ker

Kerala High Court

Irshad M Hassan vs The District Collector on 11 April, 2024

W. P. (C) No. 11394/2024

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                           WP(C) NO. 11394 OF 2024
PETITIONER:

              IRSHAD M HASSAN, AGED 36 YEARS,
              S/O. HASSAN, MUTHAYIL HOUSE, MUDICKAL, VENGOLA,
              KUNNATHUNADU, ERNAKULAM DISTRICT, PIN - 683547.

              BY ADVS.M/S.E.S.SANEEJ & S.LEKHA


RESPONDENTS:

      1       THE DISTRICT COLLECTOR,
              ERNAKULAM DISTRICT, COLLECTORATE, CIVIL STATION,
              KAKKANADU, ERNAKULAM, PIN - 682030.

      2       THE REVENUE DIVISIONAL OFFICER,
              MUVATTUPUZHA, GROUND FLOOR, PATTIMATTOM -
              MUVATTUPUZHA RD, MUVATTUPUZHA, PIN - 686673.

      3       THE THAHASILDAR,
              KUNNATHUNADU TALUK, KUNNATHUNAD, POOPPANI RD,
              PERUMBAVOOR, PIN - 683543.

      4       THE VILLAGE OFFICER,
              VENGOLA VILLAGE, PERUMBAVOOR - PUTHENKURISH RD,
              VENGOLA, PIN - 683556.

      5       THE AGRICULTURAL OFFICER,
              KRISHI BHAVAN, PERUMBAVOOR - PUTHENKURISH RD,
              VENGOLA, PIN - 683556.
 W. P. (C) No. 11394/2024

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      6          THE LOCAL LEVEL MONITORING COMMITTEE,
                 VENGOLA GRAMA PANCHAYATH, PERUMBAVOOR -
                 PUTHENKURISH RD, VENGOLA REPRESENTED BY ITS
                 CONVENOR, PIN - 683556.

                 SMT.SHEEBA SABARINATH, GP


          THIS    WRIT     PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION         ON   11.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 11394/2024

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                      MOHAMMED NIAS C. P. , J.
                =================================
                      W. P. (C) No. 11394 of 2024
                =================================
                   Dated this the 11th day of April, 2024


                             JUDGMENT

The petitioner, stated to be the owner in possession of property

measuring 14.57 Ares in Survey Nos. 171/1-2, 171/1-2-2, 171/1-2, 171/1-

2-3, 171/1-2-4, 171/18, 171/18-2, 171/18-3, 171/18-4 of Vengola Village,

Kunnathunadu Taluk, Ernakulam, has preferred Ext.P-4 application

before the 2nd respondent seeking deletion of the property from the data

bank 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 application so far.

3. Under such circumstances, there will be a direction to the

5th respondent - Agricultural officer to file a report to the 2nd respondent -

Revenue Divisional Officer within two months from today. On receipt of

the said report, the RDO will consider Ext.P-4 application within three

months from the date of receipt of the report from the 5 th respondent -

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Agricultural Officer, and pass orders strictly in terms of the Act and

Rules.

The Writ Petition is disposed of as above.

Sd/-

MOHAMMED NIAS C. P. , JUDGE

MMG

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APPENDIX OF WP(C).NO.11394/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 11.12.2023

EXHIBIT P2 TRUE PHOTOCOPY OF THE OWNERSHIP CERTIFICATE ISSUED FROM VENGOLA GRAMA PANCHAYATH DATED 23.01.2024

EXHIBIT P3 TRUE PHOTOCOPY OF THE ELECTRICITY BILL DATED 18.01.2024

EXHIBIT P4 TRUE PHOTOCOPY OF THE APPLICATION IN FORM 5 SUBMITTED BEFORE THE 2ND RESPONDENT DATED 11.1.20223