Jerry vs State Of Kerala
2024 Latest Caselaw 18969 Ker

Kerala High Court

Jerry vs State Of Kerala on 28 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                       WP(C) NO. 18743 OF 2024
PETITIONERS:

    1      JERRY,
           AGED 55 YEARS
           S/O.C.J.ITTOOP,CHOVALLUR HOUSE, KATTUKOD,
           VADAKKANCHERRY,PALAKKAD DISTRICT, PIN - 680506
    2      SHERRI,
           AGED 48 YEARS
           D/O. KOMBAN JOSE, PALAYUR PO, CHAVAKKAD,
           THRISSUR DISTRICT, PIN - 680506
           BY ADVS.
           K.MOHANAKANNAN
           D.S.THUSHARA


RESPONDENTS:

    1      STATE OF KERALA,
           REP.BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT,
           THIRUVANANTHAPURAM, PIN - 695001

    2      DISTRICT COLLECTOR,
           KENATHUPARAMBU, KUNATHURMEDU,
           PALAKKAD, PIN - 678013

    3      THE REVENUE DIVISIONAL OFFICER,
           VIDYUT NAGAR,
           PALAKKAD DISTRICT, PIN - 678001

    4      TAHSILDAR (LR),
           ALATHUR TALUK OFFICE, ALATHUR,
           PALAKKAD, PIN - 678641

    5      THE VILLAGE OFFICER,
           KANNAMBRA-11 VILLAGE, ALATHUR,
           KANNAMBRA P.O., PALAKKAD, PIN - 678686

    6      LOCAL LEVEL MONITORING COMMITTEE,
           KANNAMBRA, REPRESENTED BY ITS CONVENOR/AGRICULTURAL
           OFFICER, KRISHI BHAVAN, KANNAMBRA,
           PALAKKAD, PIN - 678686
 WP(C) NO. 18743 OF 2024
                               2



    7     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KANNAMBRA,
          PALAKKAD DISTRICT, PIN - 678686


OTHER PRESENT:

          SMT.PREETHA K.K., SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18743 OF 2024
                                     3




                        MOHAMMED NIAS C.P., J.
                 ======================================
                        W.P(C) No. 18743 of 2024
                =======================================
                  Dated this the 28th day of June, 2024


                                JUDGMENT

The petitioners, stated to be the owners of the property having an

extent of 3.41 Ares and 0.0130 Ares of properties comprised in Survey

Nos.187/37, 187/39 and 187/38 Situated in Alathur Taluk, in Kanambra-II

Village in Palakkad District, have preferred Exts.P15 and P16 applications

under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act

and Rules, 2008, (for short, the Act and the Rules) seeking deletion of the

property from the databank.

2. The learned counsel for the petitioners submits that no orders

have been passed on the statutory application so far.

3. Under such circumstances, there will be a direction to the 7 th

respondent Agricultural Officer to provide sufficient inputs required under

the Act and the Rules to the 3 rd respondent Revenue Divisional Officer

within two months from today. On receipt of the same, the 3 rd respondent

Revenue Divisional Officer will consider Exts.P15 and P16 applications WP(C) NO. 18743 OF 2024

within two months thereafter and pass orders strictly in 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. 18743 OF 2024

APPENDIX OF WP(C) 18743/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO. 3007/2002 DATED 02.12.2002 EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO. 1739/2017 OF SRO, ALATHUR DATED 01/08/2017 EXHIBIT P3 TRUE COPY OF THE DOCUMENT NO.3008/2002 OF SRO, ALATHUR DATED 2-12-2002 EXHIBIT P4 TRUE COPY OF THE DOCUMENT NO.3006/2002 OF SRO ALATHUR DATED 2-12-2002 EXHIBIT P5 2) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 10-05- 2024 ISSUED BY THE KANNAMBRA-II VILLAGE OFFICE EXHIBIT P6 TRUE COPY OF POSSESSION CERTIFICATE DATED 8-5-2024 ISSUED TO THE 2ND PETITIONER ISSUED TO 1.30 ARES OF PROPERTY BY THE KANNAMBRA-II VILLAGE OFFICE EXHIBIT P7 THE THANDAPER ACCOUNT NO.16/2024/227309 OF THE PROPERTY OF THE 1ST PETITIONER ISSUED ON 10.05.2024 ISSUED BY THE KANNAMBRA-2 VILLAGE OFFICE EXHIBIT P8 TRUE COPY OF THE THANDAPER ACCOUNT NO.2014/6213/09 ISSUED BY THE KANNAMBRA-II VILLAGE OFFICER TO THE 2ND PETITIONER DATED 19-7-2023 EXHIBIT P9 TRUE COPY OF PROCEEDINGS NO.D DIS M-

12602/03 DATED 5-12-2003 ISSUED BY THE REVENUE DIVISIONAL OFFICER, PALAKKAD EXHIBIT P10 TRUE COPY OF PROCEEDINGS NO.D DIS M-

12603/03 DATED 5-12-2003 ISSUED BY THE REVENUE DIVISIONAL OFFICER, PALAKKAD EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS D DIS.NO.M.12601/03 DATED 20-12-2003, ISSUED BY THE REVENUE DIVISIONAL OFFICER, PALAKKAD EXHIBIT P12 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF THE KANNAMBRA KRISHI BHAVAN, PALAKKAD EXHIBIT P13 TRUE COPY OF THE ORDER NO.02/24 PASSED BY THE VILLAGE OFFICER, KANNAMRA.II DATED 7.5.2024 TO THE 1ST PETITIONER WP(C) NO. 18743 OF 2024

EXHIBIT P14 TRUE COPY OF THE ORDER NO.03/24 PASSED BY THE VILLAGE OFFICER, KANNAMRA.II DATED 7.5.2024 TO THE 2ND PETITIONER EXHIBIT P15 TRUE COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE 1ST PETITIONER ON 10-5-

2024 BEFORE THE 3RD RESPONDENT EXHIBIT P16 TRUE COPY OF THE FORM.5 APPLICATION SUBMITTED BY THE 2ND PETITIONER SUBMITTED ON 08.05.2024 BEFORE THE 3RD RESPONDENT

// True Copy // PA To Judge