Andrew Alex vs The Revenue Divisional Officer
2024 Latest Caselaw 31960 Ker

Kerala High Court

Andrew Alex vs The Revenue Divisional Officer on 7 November, 2024

WP(C) NO. 35050 OF 2024

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                                                             2024:KER:82894

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                          WP(C) NO. 35050 OF 2024

PETITIONER:

            ANDREW ALEX,
            AGED 31 YEARS
            S/O. ALEX THOMAS, NEDUMCHIRAYIL HOUSE,
            PEROOR, POOVATHUMOODU, KOTTAYAM
            REP. BY HIS POWER OF ATTORNEY HOLDER
            ALEX THOMAS, PIN - 686637


            BY ADV C.K.SHERIN


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, PALAKKAD,
            PARAKKUNNAM, VIDYUT NAGAR,
            PALAKKAD, PIN - 678001

    2       DEPUTY COLLECTOR (LA) ,
            CIVIL STATION, PALAKKAD, PIN - 678001

    3       THE VILLAGE OFFICER,
            KANNAMBRA VILLAGE,KANNAMBRA,
            ALATHUR, PALAKKAD, PIN - 678005



OTHER PRESENT:

            SMT.DEVI SHRI R.,GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35050 OF 2024

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                                                           2024:KER:82894

                       MOHAMMED NIAS C.P., J
                      =========================
                       W.P(C) No. 35050 of 2024
                      =========================
               Dated this the 7th day of November, 2024


                             JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 58.68 Ares of land comprised in Survey Nos. 217/10, 217/9 and

257/10 of Alathur Taluk, in Kannambra Village in Palakkad District, has

preferred Ext.P4 application under Form-7 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 3 rd

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 1st respondent Revenue Divisional Officer or the

officer authorised under Section 2(XVA) of the Act, within two months

from today. On receipt of the same, the 1 st respondent Revenue Divisional

Officer/authorised officer will consider Ext.P4 application within two WP(C) NO. 35050 OF 2024

2024:KER:82894

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 WP(C) NO. 35050 OF 2024

2024:KER:82894

APPENDIX OF WP(C) 35050/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT NO.

KL09010405348/2024 DATED 30.09.2024 ISSUED BY THE VILLAGE OFFICER, KANNAMBRA -I

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 31.07.2023

EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS DATED 08.02.2024 OF THE 1ST RESPONDENT ALLOWING FORM 5 APPLICATION

EXHIBIT P4 A TRUE COPY OF THE APPLICATION IN FORM 7 DATED 21.02.2024

EXHIBIT P5 A TRUE COPY OF THE SALE DEED NO. 1264/2010 OF NENMARA SRO DATED 31.03.2010

// True Copy // PA To Judge