Ariel Builders Private Ltd vs Sub-Collector/Revenue Divisional ...
2024 Latest Caselaw 32127 Ker

Kerala High Court

Ariel Builders Private Ltd vs Sub-Collector/Revenue Divisional ... on 7 November, 2024

WP(C) NO. 34886 OF 2024

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                                                       2024:KER:82862

                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. 34886 OF 2024

PETITIONER:

          ARIEL BUILDERS PRIVATE LTD.,
          SKYLINE HOUSE, N.H. BY-PASS, NEAR EMC HOSPITAL,
          VENNALA P.O, ERNAKULAM, KERALA, REP.BY ITS MANAGING
          DIRECTOR- K.V. ABDUL AZEEZ, AGED 69 YEARS, S/O. C.K.
          AHAMMED KOYA HAJI, RESIDING AT 21 A,THE LEGEND BY
          SKYLINE,STADIUM LINK ROAD, PALARIVATTOM P.O,
          KARANAKODAM KARA, POONITHURA VILLAGE, KANAYANNUR TALUK,
          ERNAKULAM DISTRICT, KERALA, COCHIN, PIN - 682028


          BY ADVS.
          K.J.MOHAMMED ANZAR
          P.K.MINIMOLE
          A.RADHAKRISHNAN NAIR
          BAPPU GALIB SALAM
          G.MOTILAL


RESPONDENTS:

    1     SUB-COLLECTOR/REVENUE DIVISIONAL OFFICER,
          FORT KOCHI, REVENUE DIVISIONAL OFFICE,
          FIRST FLOOR, KB JACOB RD, FORT KOCHI,
          KOCHI, KERALA, PIN - 682001

    2     DEPUTY COLLECTOR (L.A), ERNAKULAM,
          COLLECTORATE, KAKKANAD, ERNAKULAM,
          KERALA, PIN - 682030

    3     THE LOCAL LEVEL MONITORING COMMITTEE,
          BEING REPRESENTED BY ITS CONVENOR,
          THE AGRICULTURAL OFFICER, CHENGAMANAD KRISHI BHAVAN,
          SALEM ERNAKULAM HIGHWAY (NH-47), KUNNUMPURAM, ALUVA,
          KERALA, PIN - 683102
 WP(C) NO. 34886 OF 2024

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                                                           2024:KER:82862

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. 34886 OF 2024

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                                                           2024:KER:82862

                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 34886 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 91.49 Ares of land comprised in Survey Nos.172/12, 172/22,

172/5-2-2, 173/10-2, 173/11-2, 173/5, 173/6, 173/7, 173/8, 173/9 situated

in Aluva Taluk, in Chengamanadu Village in Ernakulam District, has

preferred Ext.P6 application under Form 5 of the Kerala Conservation of

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

Rules) seeking deletion of the property from the databank.

2. The learned counsel for the petitioner submits that no orders

have been passed on the statutory application so far.

3. Under such circumstances, there will be a direction to the 3 rd

respondent Agricultural Officer to provide sufficient inputs required

under the Act and the Rules to the 1 st respondent Revenue Divisional

Officer or the officer authorised under Section 2(XVA) of the Act, within

one month from today. On receipt of the same, the 1 st respondent WP(C) NO. 34886 OF 2024

2024:KER:82862

Revenue Divisional Officer/authorised officer will consider Ext.P6

application within two 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. 34886 OF 2024

2024:KER:82862

APPENDIX OF WP(C) 34886/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 3854/07 DATED 21.05.2007 OF SRO CHENGAMANAD

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 5728/07 DATED 08.08.2007 OF SRO CHENGAMANAD

EXHIBIT P3 TRUE COPY OF THE LATEST LAND TAX RECEIPT DATED 06.07.2023

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE NO.745/23 DATED 04.08.2023

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK

EXHIBIT P6 TRUE COPY OF THE APPLICATION IN FORM 5 HAVING FILE NO. 3/2023/1202559 DATED 04.12.2023

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 05.12.2023 SHOWING THE PAYMENT OF RS. 100 TOWARDS FEE FOR EXT. P6 FORM 5 APPLICATION

EXHIBIT P8 TRUE COPY OF THE SCREEN CAPTURE SHOWING THE STATUS OF EXT. P6 FORM-5 APPLICATION

// True Copy // PA To Judge