Kerala High Court
Alvin Medicare Private Ltd vs Revenue Divisional Officer/Sub ... on 12 April, 2024
WP(C)No.12390 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12390 OF 2024
PETITIONER:
ALVIN MEDICARE PRIVATE LTD.,
5/3429, 1ST FLOOR, C BLOCK,
BABY MEMORIAL HOSPITAL, PUTHIYARA.P.O., KOZHIKODE,
REPRESENTED BY ITS DIRECTOR,
VINEETH ABRAHAM, PIN - 673004
BY ADVS.
M.SASINDRAN
JOGGY MATHUNNI
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
KOZHIKODE,, CIVIL STATION, JUMA MASJID,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
2 THE DISTRICT COLLECTOR
KOZHIKODE, WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
*ADDL.R4 THE VILLAGE OFFICER
KASABA VILLAGE OFFICE,
KOZHIKODE TALUK, KOZHIKODE DISTRICT
*ADDL.R5 AGRICULTURAL OFFICER
KRISHI BHAVAN, KOZHIKODE.P.O., KOZHIKODE
( ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER IN IA NO.1/24
DATED 12.4.2024)
SMT.DEVI SHRI R, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.12390 of 2024
2
MOHAMMED NIAS C.P., J.
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WP(C)No.12390 of 2024
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Dated this the 12th day of April, 2024
JUDGMENT
The petitioner is stated to be the owner of an extent of 14.93 Ares in Survey
No.1221/7 and 8.24 Ares in Survey No.1221/9 of properties subsequently allotted division
Number 51 and 52 of Kasaba Village, Kozhikode Taluk., Kozhikode district. The petitioner
has preferred Ext.P10 application seeking change in the user of the land under Form 9 of
the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, 'the Act'). The
learned counsel for the petitioner submits that no orders have been passed on the
statutory application so far.
Accordingly, there will be a direction to the first respondent - the Revenue
Divisional Officer to pass orders on Ext.P10 after getting the inputs required under the Act
from the additional fourth respondent -the Village Officer concerned. The Village Officer
will forward the report within two months to the RDO. After the receipt of the same the
first respondent - the Revenue Divisional Officer will pass orders strictly in terms of the
Act and Rules within three months thereafter.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P.
JUDGE
dlk/12.4.2024
APPENDIX OF WP(C) 12390/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DOCUMENT NO. 1414/51 OF
S.R.O. KOZHIKODE DATED 07.12.1951
EXHIBIT P2 A TRUE COPY OF THE DOCUMENT DATED 10.07.1989
EXHIBIT P3 A TRUE COPY OF THE DOCUMENT DATED 05.11.1998
TRANSFERRING AN EXTENT OF 12.96 CENTS TO
P.K.AHAMMED.
EXHIBIT P4 A TRUE COPY OF THE DOCUMENT NO. 1042/2000 DATED
17.10.2000, TRANSFERRING AN EXTENT OF 13.39
CENTS TO P.K.AHAMMED
EXHIBIT P5 A TRUE COPY OF THE DOCUMENT NO. 1043/2000 DATED
17.10.2000, TRANSFERRING AN EXTENT OF 5.05
CENTS TO P.K.AHAMMED
EXHIBIT P6 A TRUE COPY OF THE DOCUMENT NO. 1044/2000 DATED
17.10.2000, TRANSFERRING AN EXTENT OF 5.5 CENTS
TO P.K.AHAMMED.
EXHIBIT P7 A TRUE COPY OF THE DOCUMENT NO. 815/2015 DATED
28.10.2015 OF S.R.O. KOZHIKODE
EXHIBIT P8 A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED TO THE PETITIONER DATED 18.01.2024
EXHIBIT P9 A TRUE COPY OF THE NOTIFICATION DATED
25.03.2023, FIXING FAIR VALUE OF THE PROPERTY
EXHIBIT P10 A TRUE COPY OF THE APPLICATION DATED 01.02.2024
SUBMITTED BY THE PETITIONER IN FORM 9 OF THE
RULES
