Kerala High Court
Pushpa Joseph @ Flory vs State Of Kerala on 15 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5624 OF 2024
PETITIONER:
PUSHPA JOSEPH @ FLORY
AGED 50 YEARS
D/O. LATE OUSO VATTATHARA HOUSE
MARADU P. O, KANAYANOOR THALUK,
ERNAKULAM, PIN - 682 304.
BY ADV C.J.VARGHESE VINU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM,
PIN - 682 021.
3 REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
FORT KOCHI, ERNAKULAM,
PIN - 682 001.
4 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER & AGRICULTURAL
OFFICER
KRISHI BHAVAN, VYTILA,
KOCHI CORPORATION, PIN - 682 019.
5 MARADU MUNICIPALITY
REPRESENTED BY ITS SECRETARY
MUNICIPALITY OFFICE , MARADU P. O,
ERANKULAM, PIN - 682 304.
SRI. RAJAN T. R - SC
SMT. DEVISHREE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.5624 OF 2024
2
JUDGMENT
The petitioner is the absolute owner of 4.45 Ares
of land comprised in Survey No.145/10 of Block No.13
of Maradu Village, Kanayannur Taluk in Ernakulam
District. She has approached this Court seeking a
direction to the 3rd respondent/Revenue Divisional
Officer to consider and pass orders on Ext.P6, Form-6
application filed under the Kerala Conservation of
Paddy Land and Wetland Rules, 2008.
2. Heard the learned counsel for the petitioner
and the learned Government Pleader.
In the facts and circumstances of the case and
taking into consideration that Ext.P6 is a statutory
application, this writ petition is disposed of with a
direction to the 3rd respondent/RDO to consider and
pass orders thereon, in accordance with law, as
WP(C).No.5624 OF 2024
expeditiously as possible, at any rate, within a period
of four months from the date of receipt of a copy of
this judgment. The petitioner shall produce a copy of
the writ petition along with a copy of this judgment
before the 3rd respondent for compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.5624 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 PHOTO OF THE PROPERTY.
EXHIBIT P2 THE TRUE COPY OF RTI REPLY FROM
DEPARTMENT OF ENVIRONMENT AND CLIMATE
CHANGE ISSUED ON 13-8-2012.
EXHIBIT P3 THE TRUE COPY OF CERTIFICATE SHOWING THE
CHANGE OF NEW SURVEY NO ISSUED BY VILLAGE
OFFICER MARADU VILLAGE DATED 28/11/2023.
EXHIBIT P4 THE TRUE COPY OF RELEVANT PAGE OF DATA
BANK.
EXHIBIT P5 THE POSSESSION CERTIFICATE DATED 1/8/2023
ISSUED FROM MARADU VILLAGE OFFICE.
EXHIBIT P6 A TRUE COPY OF THE SAID FORUM NO 6 GIVEN
TO THIRD RESPONDENT ON 02/08/2023.
EXHIBIT P7 TRUE COPY OF ITS RECEIPT DATED 2/8/2023.
EXHIBIT P8 THE TRUE COPY OF RECEIPT FROM ST JOHN
BAPTIST CHURCH PALARIVATTOM DATED
7/12/2023.
RESPONDENTS EXHIBITS: NIL.
