Citation : 2024 Latest Caselaw 32139 Ker
Judgement Date : 7 November, 2024
WP(C) NO. 33471 OF 2024
1
2024:KER:82859
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. 33471 OF 2024
PETITIONER:
YOGESH RAJPUROHIT,
AGED 22 YEARS
S/O.SHELA RAM, 7B, SANGETHAM APARTMENT,
ATLANTIS JUNCTION,,RAVIPURAM,
ERNAKULAM, PIN - 682016
BY ADV M.S.SHAMLA
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE,
FORT KOCHI, PIN - 682001
3 THE VILLAGE OFFICER,
ERNAKULAM VILLAGE OFFICE,
ERNAKULAM, PIN - 682011
4 LOCAL LEVEL MONITORING COMMITTEE,
AGRICULTURAL OFFICE, REPRESENTED BY ITS CONVENER,
(AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTILA),
ERNAKULAM, PIN - 682019
OTHER PRESENT:
SMT.PREETHA K.K., SR.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. 33471 OF 2024
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MOHAMMED NIAS C.P., J
=========================
W.P(C) No. 33471 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 1 Ares 74 Sq.metre of land comprised in Survey No.921/2-45 of
Kanayannur Taluk, in Ernakulam Village in Ernakulam District, has
preferred Ext.P5 application under Form-6 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 2nd respondent Revenue Divisional Officer or the
officer authorised under Section 2(XVA) of the Act, within three months
from today. On receipt of the same, the 2 nd respondent Revenue
Divisional Officer/authorised officer will consider Ext.P5 application WP(C) NO. 33471 OF 2024
2024:KER:82859
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. 33471 OF 2024
2024:KER:82859
APPENDIX OF WP(C) 33471/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF SALE DEED DATED 12/02/2024 OF SRO ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT WITHT.P.NO.28877 DATED 27.05.2024 ISSUED BY THE FIELD ASSISTANT, VILLAGE OFFICE, ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 02.07.2024 ISSUED BY THE CORPORATION OF KOCHI
EXHIBIT P4 TRUE COPY OF THE EXTRACT OF PUBLISHED DATA BANK DATED 22/02/2021
EXHIBIT P5 TRUE COPY OF THE FORM-6 APPLICATION DATED 03.08.2024 SUBMITTED BY THE PETITIONER
// True Copy // PA To Judge
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