Azad vs State Of Kerala
2024 Latest Caselaw 12950 Ker

Kerala High Court

Azad vs State Of Kerala on 22 May, 2024

W. P. (C) No. 14213 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 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                              WP(C) NO. 14213 OF 2024
PETITIONER:

              AZAD, AGED 54 YEARS,
              S/O.SAID MOHAMMED, RESIDING AT KOCHAMPARAMBIL,
              LOKAMALESWARAM, KODUNGALLUR P.O., THRISSUR,
              REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
              KAMARUDEEN K.S., S/O.SAID MOHAMMED, AGED 50,
              KOCHAMPARAMBIL, LOKAMALESWARAM, KODUNGALLUR
              P.O., THRISSUR, PIN - 680664.

              BY ADV. SRI. M.SREEKUMAR


RESPONDENTS:

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

      2       REVENUE DIVISIONAL OFFICER, IRINJALAKKUDA,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              IRINJALAKKUDA NORTH P.O., IRINJALAKKUDA, PIN -
              680125.

 *ADDL.3 VILLAGE OFFICER,
         LOKAMALESWARAM VILLAGE, KODUNGALLUR P.O.,
         THRISSUR - 680664.

              * ADDL R3 IS IMPLEADED AS PER ORDER DATED
              22.05.2024 IN I.A.NO.1/2024 IN WP(C)14213/2024
 W. P. (C) No. 14213 of 2024

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              SMT.AMMINIKUTTY K, SR.GP


        THIS     WRIT         PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION        ON    22.05.2024,       THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 14213 of 2024

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                          MOHAMMED NIAS C. P. , J.
                       =========================
                          W. P. (C) No. 14213 of 2024
                       =========================
                       Dated this the 22nd day of May, 2024


                                JUDGMENT

The petitioner stated to be the owner of the property having an

extent of 3.88 Ares of land comprised in Survey No. 951/2-4 of

Lokamaleswaram Village, Kodunallur Taluk in Thrissur District, has

preferred Ext.P-4 application under Form-6 of the Kerala Conservation of

Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the

Rules) seeking change of the user of the property.

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

have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 3 rd respondent

Village Officer to give 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

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Divisional Officer will consider Ext.P-4 application within three 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 MMG

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APPENDIX OF WP(C).NO.14213/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1049/16 OF SUB REGISTRY OFFICE, KODUNGALLUR DATED 11..04..2016

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT NO.KL08051300806/2024 DATED

05..03..2024

EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE DATA BANK OF KODUNGALLUR MUNICIPALITY DATED 01..10..2012

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED

08..03..2024 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P4(A) TRUE COPY OF THE RECEIPT NO.KL08051300838/2024 DATED

08..03..2024 ISSUED FROM THE LAND REVENUE DEPARTMENT TOWARDS THE FILING OF EXT.P4 APPLICATION