Kerala High Court
Afsal N Hassan vs The Deputy Collector, Ernakulam (Lr) on 2 November, 2024
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WP(C) No.38587 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. 38587 OF 2024
PETITIONER:
AFSAL N HASSAN, AGED 27 YEARS
S/O HASSAN, NANETHAN HOUSE, VALLAM, RAYONPURAM
P.O, PERUMBAVOOR, ERNAKULAM., PIN - 688543
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
AKHIL BABU
RESPONDENTS:
1 THE DEPUTY COLLECTOR, ERNAKULAM (LR)
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682030
2 AGRICULTURAL OFFICER
OKKAL KRISHI BHAVAN, OKKAL, PERUMBAVOOR,
ERNAKULAM, PIN - 683550
3 VILLAGE OFFICER
CHELAMATTAM VILLAGE OFFICE, KUNNATHUNADU TALUK
PERUMBAVOOR, ERNAKULAM, PIN - 683550
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:
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WP(C) No.38587 of 2024
JUDGMENT
Dated this the 2nd day of November, 2024
This writ petition is filed being aggrieved by the non
consideration of Ext.P3, 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 4.50 Ares of land
comprised in Sy.No.494/6, Re.Sy.Block No.8 and
Re.Sy.No.453/3/3 of Chelamattam Village. 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.P3 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
28.10.2024.
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 2nd
respondent to give sufficient inputs required under the Act
and the Rules to the 1st respondent/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 1st respondent/authorised officer shall consider
Ext.P3 application within six 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) 38587/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
28.10.2024 ISSUED BY THE VILLAGE
OFFICER, CHELAMATTAM IN THE NAME OF
THE PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK DATED 28.10.2024 ISSUED BY
THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE REVENUE
DIVISIONAL OFFICER DATED 28.10.2024
Exhibit P4 TRUE COPY OF THE ONLINE STATUS DATED
29.10.2024 OF THE PETITIONER
APPLICATION OBTAINED FROM THE OFFICIAL
WEBSITE OF REVENUE DEPARTMENT
