Kerala High Court
Shahin P.A vs Revenue Divisional Officer & Sub ... on 2 November, 2024
2024:KER:81943
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WP(C) No.38572 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA,
1946
WP(C) NO. 38572 OF 2024
PETITIONER:
SHAHIN P.A, AGED 42 YEARS, S/O LATE ALIYAR P.K,
PUTHETHU,HOUSE, MANTHRAKKAL ROAD, DARUSALAM
MOSQUE, THAIKKATTUKARA P.O ERNAKULAM DISTRICT,
PIN - 683106
BY ADVS.
AJMAL V. A.
A.C.ARFANA
FATHIMA V.A.
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER & SUB COLLECTOR,
X69V+2HV, FIRST FLOOR K B JACOB ROAD, FORT
KOCHI KOCHI, KERALA, PIN - 682001
2 VILLAGE OFFICER, CHOORNIKKARA VILLAGE
THAIKKATTUKARA P.O ERNAKULAM DIST, PIN - 683106
3 AGRICULTURAL OFFICER, CHOORNIKKARA GRAMA
PANCHAYATH THAIKKATTUKARA P.O ERNAKULAM DIST,
PIN - 683106
4 THE LOCAL LEVEL MONITORING COMMITTEE
FOR THE CHOORNIKKARA VILLAGE CONSTITUTED UNDER
THE KERALA CONSERVATION OF PADDY LAND AND
WETLAND ACT, 2008, REPRESENTED BY ITS
CONVENER,AGRICULTURAL OFFICER, CHOORNIKKARA
GRAMA PANCHAYATH, THAIKKATTUKARA P.O ERNAKULAM
DIST, PIN - 683106
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WP(C) No.38572 of 2024
SMT.K.AMMINIKUTTY.,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.38572 of 2024
JUDGMENT
Dated this the 2nd day of November, 2024
This writ petition is filed being aggrieved by the non
consideration of Ext.P4, Form-5 application, preferred by the
petitioner before the 1st respondent.
2. It is stated that the petitioner is the absolute
owner in possession of an extent of 1.49 Ares of land
comprised in Re.Sy.No.476/5-2 of Choornikkara Village, Aluva
Taluk, Ernakulam District. It is further stated that the
property was converted before the commencement of the
Kerala Conservation of Paddy Land and Wetland Act, 2008
(2008 Act). Despite that, the property is included in the Data
Bank prepared under the Kerala Conservation of Paddy Land
and Wetland Rules. Under such circumstances, the petitioner
preferred Ext.P4 application in Form No.5 under Rule 4(D) of
the Rules. However, that application was not considered by
the 1st respondent till date. The application was submitted on
10.10.2023.
3. I have heard the learned counsel appearing for
the petitioner as well as the Government Pleader.
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4. Accordingly, there will be a direction to the 3 rd
respondent to give sufficient inputs required under the Act
and the Rules to the authorised Officer under Section 2(XVA)
of the Act, within two months from the date of receipt of a
certified copy of this judgment. On receipt of the same, the
the authorised officer shall consider Ext.P4 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/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 38572/2024
PETITIONER EXHIBITS
Exhibit-P1. A TRUE COPY OF THE LAND TAX RECEIPT
DATED 10.10.2023 ISSUED FROM THE
CHOORNIKKARA VILLAGE OFFICER
Exhibit-P2. A TRUE COPY OF THE PROPERTY DEED
BEARING NO. 3468/11 IN THE NAME OF THE
PETITIONER
Exhibit-P3. A TRUE COPY OF THE RELEVANT PAGE OF
THE DATA BANK PREPARED BY THE 4 TH
RESPONDENT
Exhibit-P4. A TRUE COPY OF THE APPLICATION DATED
10.10.23 SUBMITTED IN FORM 5 OF THE
KERALA CONSERVATION OF PADDY LAND AND
WETLAND ACT, 2008 BEFORE THE 1 ST
RESPONDENT BY THE PETITIONER
Exhibit-P5. THE TRUE COPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE CHOORNIKKARA
VILLAGE OFFICER
