Kerala High Court
Mohammed Shameer vs The District Collector, Ernakulam on 5 June, 2024
R. P. No. 305 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
RP NO. 305 OF 2024
AGAINST THE JUDGMENT DATED 10.4.2023 IN WP(C) NO.12672 OF
2023 OF THE HIGH COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS:
1 MOHAMMED SHAMEER, AGED 38 YEARS,
S/O. MOHAMMED, KARUVALLY HOUSE, HOUSE NO.13/683,
CUSAT P.O., KALAMASSERY, ERNAKULAM, PIN -
682022.
2 ABDUL SALAM, AGED 52 YEARS,
S/O ADAMKUTTY, KURUPASSERY HOUSE, KUNDEPADAM,
CHANGAMPUZHA NAGAR P.O., KOONAMTHAI, ERNAKULAM,
PIN - 682033.
3 SHAMLA, AGED 43 YEARS,
W/O JAMAL, VALIYAPARAMBIL HOUSE, RAJAGIRI P.O.,
KALAMASSERY, ERNAKULAM, PIN - 683104.
BY ADVS.M/S.LAL K.JOSEPH, P.MURALEEDHARAN
(THURAVOOR)
T.A.LUXY, SURESH SUKUMAR & ANZIL SALIM
RESPONDENTS/RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, KAKKANADU, ERNAKULAM, PIN -
682030.
R. P. No. 305 of 2024
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2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, FIRST FLOOR, K B JACOB ROAD, FORT
KOCHI, KERALA, PIN - 682001.
3 TAHSILDAR,
ALUVA TALUK, MINI CIVIL STATION ALUVA,
ERNAKULAM, PIN - 683101.
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHOORNIKKARA GRAMA PANCHAYATH,
THAIKKATTUKKARA P.O., ALUVA, ERNAKULAM, PIN -
683106.
5 VILLAGE OFFICER,
CHOORNIKKARA VILLAGE, THAIKKATTUKARA P.O.,
ALUVA, ERNAKULAM, PIN - 683106.
6 THE CHAIRMAN,
LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED
UNDER THE PROVISIONS OF KERALA CONSERVATION OF
PADDY LAND & WET LAND ACT, CHOORNIKKARA GRAMA
PANCHAYATH, THAIKKATTUKARA P.O., ALUVA,
ERNAKULAM, PIN - 683106.
SMT.AMMINIKUTTY K,SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R. P. No. 305 of 2024
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MOHAMMED NIAS C. P. , J.
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R. P. No. 305 of 2024
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Dated this the 5th day of June, 2024
ORDER
The Review Petition is filed against the judgment dated
10.4.2023 in WP(C). No. 12672/2023 that directed consideration of
Ext.P5 application filed under Form 5 and Ext.P6 application filed
under Form 6 of the Kerala Conservation of Paddy Land and Wetland
Act and Rules, 2008, (for short, the Act and the Rules) .
2. The writ petitioners seek review of the judgment on the
ground that the applications could not be processed, as
applications after 18.1.2022 had to be filed online. The petitioners
have filed Anxs.A3 and A5 which are the Form 6 and Form 5
applications respectively.
3. The learned Government Pleader, on instructions, submits
that the Anx.A5 application under Form 5 can be directed to be
disposed of, based on which the petitioners can pursue their
application under Form 6.
4. Accordingly, there will be a direction to the 4 th respondent
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Agricultural Officer to provide sufficient inputs required under the
Act and the Rules to the 2nd respondent Revenue Divisional Officer
within two months from today. On receipt of the same, the
2nd respondent Revenue Divisional Officer will consider Anx.A5
application within two months thereafter and pass orders strictly in
terms of the Act and the Rules.
The judgment under review is modified and the Review
Petition is allowed to the above extent.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
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PETITIONERS' ANNEXURES:
ANNEXURE A1 THE CERTIFIED COPY OF THE JUDGMENT
DATED 10/04/2023 PASSED BY THIS
HON'BLE COURT IN THE ABOVE
ANNEXURE A2 THE TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT DATED 20/04/2023 BEARING
NO.15565 WITH A SUIT NUMBER MARKED AS
SUIT-634685/23 ISSUED BY THE OFFICE OF
THE 2ND RESPONDENT
ANNEXURE A3 THE TRUE COPY OF THE FORM 6
APPLICATION NO.35/2023/160291 DATED
28/12/2023 SUBMITTED BY THE REVIEW
PETITIONERS THROUGH ONLINE BEFORE THE
2ND RESPONDENT
ANNEXURE A4 TRUE COPY OF THE PAYMENT RECEIPT DATED
28/12/2023
ANNEXURE A5 THE TRUE COPY OF THE FORM 5
APPLICATION NO.4/2024/160291 DATED
30/01/2024 SUBMITTED BY THE REVIEW
PETITIONERS / PETITIONERS THROUGH
ONLINE BEFORE THE 2ND RESPONDENT
ANNEXURE A6 TRUE COPY OF THE PAYMENT RECEIPT DATED
30/01/2024
