Kerala High Court
Ibrahim vs Revenue Divisional ... on 2 November, 2024
2024:KER:81578
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WP(C) No.38460 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. 38460 OF 2024
PETITIONER:
IBRAHIM
AGED 60 YEARS
S/O ABOOBAKKAR , IDATHOTTIPARAMBIL
HOUSE,NOCHIMANAD P.O, ALUVA,
ERNAKULAM., PIN - 683101
BY ADVS.
NAZRIYA NOUSHAD
VISHAL L.
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,FORTKOCHI,ERNAKULAM
OFFICE OF THE REVENUE DIVISIONAL
OFFICER,X69V+2HV,FIRST FLOOR,KB JACOB
ROAD,FORTKOCHI,ERNAKULAM,KERALA, PIN - 682001
2 EDATHALA GRAMA PANJAYATH
REPRESENTED BY ITS SECRETARY,EDATHALA GRAMA
PANJAYATH OFFICE,EDATHALA,ALUVA,KERALA., PIN -
683563
3 VILLEGE OFFICER
ALUVA EAST VILLAGE
OFFICE,ALUVA,ERNAKULAM,KERALA., PIN - 683563
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WP(C) No.38460 of 2024
4 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY AGRICULTRAL OFFICER,AGRICULTURAL
OFFICE,ALUVA,ERNAKULAM,KERALA., PIN - 683101
BY ADV SANTHOSH KUMAR G
OTHER PRESENT:
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.38460 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 2.37 Ares of land
comprised in Survey No.49/1-6 of Aluva East 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). The petitioner's property is described as 'Nilam' in
revenue records. 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
03.06.2024.
3. I have heard the learned counsel appearing for
the petitioner as well as the Government Pleader.
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4. The learned Government Pleader, on instructions,
submitted that Ext.P4 application is received and pending
consideration before the 1st respondent.
5. Accordingly, on considering the special
circumstances raised in the 2nd prayer, there will be a
direction to the 3rd 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 four 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
sss
2024:KER:81578
APPENDIX OF WP(C) 38460/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF DOCUMENT NO: 1265/2017
DATED 22.05.2017 OF THE SUB REGISTRY,
ALUVA, IS PRODUCED.
Exhibit P2 TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 28.05.2024 IS
PRODUCED .
Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT
WITH THE THANDAPPER NO: 21612 MARKING
PETITIONER'S LAND AS ‘NILAM'
DATED 18.05.2024 IS PRODUCED .
Exhibit P4 A TRUE COPY OF THE APPLICATION WITH
RECEIPT PREFERRED IN FORM 5 AS
ENVISAGED KERALA CONSERVATION OF PADDY
LAND AND WETLAND RULES, 2008 DATED
03.06.2024 IS PRODUCED .
Exhibit P5 A TRUE PHOTO OF THE PETITION SCHEDULED
PROPERTY IS PRODUCED.
