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M A Mohamed Asharaf vs The Revenue Divisional Officer/Sub ...
2024 Latest Caselaw 14565 Ker

Citation : 2024 Latest Caselaw 14565 Ker
Judgement Date : 31 May, 2024

Kerala High Court

M A Mohamed Asharaf vs The Revenue Divisional Officer/Sub ... 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. 15147 OF 2024
PETITIONER:

            M A MOHAMED ASHARAF,
            AGED 65 YEARS
            S/O M. ABDUL RAHIMAN, MULLAMPARAMBIL HOUSE, PUTHIYA
            KAVU P.O MATHILAKAM, KODUNGALLUR, THRISSUR, MANAGING
            DIRECTOR M/S SHAHI SPICES INDIA PVT. LTD.,REPRESENTED
            BY POWER OF ATTORNEY HOLDER, NAZAR K.I, AGED 58 YEARS,
            S/O P.K ISMAIL, KIZHAKKEVELIYATH HOUSE (WEST),
            VELIYATHUNADU P.O, ALANGAD, ERNAKULAM, PIN - 683511.
            BY ADV
             SHRI S.ANEESH


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
            REVENUE DIVISIONAL OFFICE, FORT KOCHI P.O,
            ERNAKULAM, PIN - 682001.
    2       THE AGRICULTURAL OFFICER & CONVENER,
            LOCAL LEVEL MONITORING COMMITTEE, FOR KOCHI
            CORPORATION, VYTTILA, ERNAKULAM, PIN - 682019.
    3       ADDL. R3. THE VILLAGE OFFICER,
            EDAPALLY SOUTH VILLAGE, PALARIVATTOM, ERNAKULAM-682028
            AS ADDITIONAL R3 AS PER THE ORDER DATED 22.05.2024 IN
            I.A. NO.1/2024.
OTHER PRESENT:

            BY ADV,
             SMT.SHEEBA G, 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. 15147 of 2024
                                          2

                            MOHAMMED NIAS C.P., J
                       ==========================
                            W.P(C) No. 15147 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 2.42 Ares of land comprised in Survey No. 63/7-2 of Kanayanoor Taluk, in

Edappally South Village in Ernakulam District, has preferred Ext.P5 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 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.

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

Officer to give sufficient inputs required under the Act and the Rules to the 1 st

respondent Revenue Divisional Officer within two months from today. On receipt

of the same, the 1st respondent Revenue Divisional Officer will consider Ext.P5

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

LU

APPENDIX OF WP(C) 15147/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF SALE DEED DATED 29.12.2015 EXECUTED IN FAVOUR OF M/S SHAHI SPICES INDIA PVT. LTD EXHIBIT P2 A TRUE COPY OF THE TAX PAID RECEIPT DATED 12.01.2024 FOR THE PROPERTY INCLUDED IN EXHIBIT P1 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 19.09.2023 IN W.P (C) NO. 30527 OF 2023 EXHIBIT P4 TRUE COPY OF THE ORDER PASSED AN 1ST RESPONDENT DATED 09.01.2024 EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 12.01.2024 SUBMITTED BY THE PETITIONER

// True Copy // PA To Judge

 
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