Citation : 2024 Latest Caselaw 32327 Ker
Judgement Date : 8 November, 2024
WP(C) NO. 35547 OF 2024
1
2024:KER:83418
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 35547 OF 2024
PETITIONER:
SUGEESH.P.S,S/O. SUBRAHMANIAN.P.S,
AGED 40 YEARS
RESIDING AT PANIKKAPPARAMBIL (H),
ANDAPARAMBU P.O. ANJUR, MUNDUR
THRISSUR DISTRICT, PIN - 680541
BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
B.SHAMEERA
NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER,
RD OFFICE, FIRST FLOOR, CIVIL STATION,
CIVIL LANE ROAD, AYYANTHOLE,
THRISSUR, KERALA, PIN - 680003
3 THE DEPUTY COLLECTOR (R R),
RD OFFICE, FIRST FLOOR, CIVIL STATION,
CIVIL LANE ROAD, AYYANTHOLE,
THRISSUR, KERALA, PIN - 680003
4 THE VILLAGE OFFICER,
VILLAGE OFFICE, ANJUR GROUP VILLAGE,
THRISSUR THALUK, P.O.MUNDUR,
WP(C) NO. 35547 OF 2024
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2024:KER:83418
THRISSUR,KERALA, PIN - 680541
5 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KAIPARAMBU,
THRISSUR KERALA, PIN - 680552
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35547 OF 2024
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2024:KER:83418
MOHAMMED NIAS C.P., J.
=========================
W.P(C) No. 35547 of 2024
=========================
Dated this the 08th day of November, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 2.93 Ares of land comprised in Survey No.159/5-2 situated in
Thrissur Taluk, in Kaiparambu Village in Thrissur District, has preferred
Ext.P3 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 5 th
respondent Agricultural Officer to provide 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
one month from today. On receipt of the same, the 2 nd respondent
Revenue Divisional Officer/authorised officer will consider Ext.P3 WP(C) NO. 35547 OF 2024
2024:KER:83418
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. 35547 OF 2024
2024:KER:83418
APPENDIX OF WP(C) 35547/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 06.06.2024 ISSUED FROM THE KAIPARAMBU VILLAGE OFFICE
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK PUBLISHED FOR THE KAIPARAMBU GRAMA PANCHAYAT DATED 23.01.2021
EXHIBIT P3 A TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.09.2023
EXHIBIT P4 A TRUE COPY OF THE PRESENT STATUS OF THE FORM 5 APPLICATION WHICH IS PENDING BEFORE THE 5TH RESPONDENT TAKEN PRINTOUT FROM THE REVENUE DEPARTMENT SITE DATED NIL
// True Copy // PA To Judge
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