Linesh Kunhali N. K vs State Of Kerala
2024 Latest Caselaw 14452 Ker

Kerala High Court

Linesh Kunhali N. K vs State Of Kerala on 31 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 13858 OF 2024
PETITIONER:


            LINESH KUNHALI N. K.,
            AGED 41 YEARS,
            S/O. ABDURAHIMAN N.K., NEDUMKUNNATH HOUSE,
            NORTH KARASSERY, MUKKOM KAKKAD,
            KOZHIKODE, PIN - 673602.

            BY ADVS.
             LEO LUKOSE
             ENOCH DAVID SIMON JOEL
             S.SREEDEV
             RONY JOSE
             KAROL MATHEWS SEBASTIAN ALENCHERRY
             DERICK MATHAI SAJI
             KARAN SCARIA ABRAHAM
             AKSHAY PAVAN



RESPONDENTS:

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

    2       DISTRICT COLLECTOR,
            KOZHIKODE COLLECTORATE, CIVIL STATION,
            KOZHIKODE, PIN - 673020.

    3       REVENUE DIVISIONAL OFFICER (SUB COLLECTOR),
            KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
            KOZHIKODE, PIN - 673020.

    4       TAHSILDAR,
            KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
            KOZHIKODE, PIN - 673020.

    5       VILLAGE OFFICER,
            KAKKAD VILLAGE OFFICE, CHONAD, KARASSERY P.O.,
 WP(C) NO. 13858 of 2024
                                   2

             KOZHIKODE, PIN - 673602.

      6      AGRICULTURAL OFFICER,
             KARASSERY PANCHAYATH, THEKKUMKUTTY, P.O.
             ALLY VIA MUKKAM, KOZHIKODE, PIN - 673602.


OTHER PRESENT:

             BY ADV,
             SMT.DEVI SHRI R, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13858 of 2024
                                             3



                             MOHAMMED NIAS C.P., J
                        ==========================
                             W.P(C) No. 13858 of 2024
                        ==========================
                         Dated this the 31st day of May, 2024


                                     JUDGMENT

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

24.28 Ares of land comprised in Survey No. 20/9 of Kozhikode Taluk, in Kakkad

Village in Kozhikode District, has preferred Ext.P2 application under Form-7 of the

Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short,

the Act and the Rules) seeking change of user of the property in the data bank.

2. 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 5 th respondent Village Officer to

give 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 3rd respondent Revenue Divisional Officer will consider Ext.P2. application

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. 13858 of 2024

APPENDIX OF WP(C) 13858/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 26.02.2024 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPLICATION NUMBERED 1/2024/1757110 DATED 01.03.2024.

                      //    True Copy //      PA to Judge