P. K. Jose vs The District Collector
2024 Latest Caselaw 31389 Ker

Kerala High Court

P. K. Jose vs The District Collector on 2 November, 2024

                                              2024:KER:81567


          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. 38366 OF 2024

PETITIONER:
          P. K. JOSE
          AGED 81 YEARS
          S/O KOCHU VARKEY, PAINEDATH HOUSE, KARUKUTTY,
          ERNAKULAM, PIN - 683576


         BY ADVS.
         FARHANA K.H.
         MUHASIN K.M.




RESPONDENTS:
    1     THE DISTRICT COLLECTOR
          DISTRICT COLLECTORATE FIRST FLOOR, CIVIL STATION,
          KAKKANAD, ERNAKULAM, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI REVENUE DIVISIONAL OFFICE, FIRST FLOOR,
          KB JACOB ROAD, FORT KOCHI,
          ERNAKULAM, PIN - 682001

    3     THE DEPUTY COLLECTOR (LA)
          COLLECTORATE, CIVIL STATION, KAKKANAD,
          ERNAKULAM, PIN - 682030

    4     THE TAHSILDAR
          ALUVA TALUK OFFICE, MINI CIVIL STATION, CIVIL
          STATION ROAD, PERIYAR NAGAR, ALUVA,
          ERNAKULAM, PIN - 683101
 WP(C) No.38366 of 2024

                                    2
                                                           2024:KER:81567




     5       THE VILLAGE OFFICER
             KARUKUTTY VILLAGE OFFICE, KARUKUTTY, ANGAMALY,
             ERNAKULAM, PIN - 683576



             SMT.K.AMMINIKUTTY.K,GOVERNMENT PLEADER


      THIS     WRIT      PETITION   (CIVIL)      HAVING    COME    UP    FOR
ADMISSION     ON    02.11.2024,         THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.38366 of 2024

                               3
                                                    2024:KER:81567




                          P.M. MANOJ, J
                 -----------------------------------
                  W.P.(C) Nos.38366 of 2024
           -----------------------------------------------
           Dated this the 2nd day of November, 2024


                            JUDGMENT

The petitioner is stated to be the owner of the property

having an extent of 8.22 Ares of land comprised in Survey

No.44/7-2 of Block No.2 of Karukutty Village, Aluva Taluk in

Ernakulam District. It is stated that the property is described as

'Nilam' in revenue records. Accordingly, for utilizing the said

property for commercial purposes, the petitioner has preferred

Ext.P3 application in Form-6 of the Kerala Conservation of Paddy

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

the Rules) seeking permission to use the land for any other

purposes.

2. The learned counsel for the petitioner submits that no

orders have been passed on the statutory application so far.

3. I have heard learned counsel for the petitioner and the

learned Government Pleader.

4. On considering the limited nature of the prayer in this

Writ Petition, I am of the considered opinion that Form 6

2024:KER:81567

application shall be given a logical conclusion. For that purpose,

I direct the 5th respondent-Village Officer to submit a report to

the 3rd respondent with respect to the property in question

within a period of two months from the date of receipt of a

certified copy of this judgment. In the event of receipt of such

report, the 3rd respondent, who is the authorised officer under

Section 2(XVA) of the Act, shall consider and pass appropriate

orders on Ext.P3 application within a further period of four

months thereafter.

The writ petition is disposed of as above.

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:81567

APPENDIX OF WP(C) 38366/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 23.09.2020

Exhibit P2 TRUE COPY OF THE ORDER DATED 22.07.2024 FILE NO. 10/2024 ISSUED BY THE DEPUTY COLLECTOR (LA)

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 23.07.2024 ALONG WITH SURVEY SKETCH

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 23.07.2024