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Madhu Gupta vs District Collector
2024 Latest Caselaw 32351 Ker

Citation : 2024 Latest Caselaw 32351 Ker
Judgement Date : 8 November, 2024

Kerala High Court

Madhu Gupta vs District Collector on 8 November, 2024

WP(C) NO. 35071 OF 2024

                                   1

                                                       2024:KER:83286

                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. 35071 OF 2024

PETITIONER:

          MADHU GUPTA,
          AGED 64 YEARS
          W/O SURENDRA MOHAN GUPTA,
          DEEPASHIKHA SILK STREET, KOZHIKKODE BEACH P.O,
          KOZHIKODE DISTRICT, PIN - 673032

          BY ADVS.
          K.MOHAMMED RAFEEQ
          BIBIN MATHEW
          P.M.MATHEW
          AMARNATH R LAL
          SANALDEV E.P.
          VISHNUMAYA ANANDAN
          SONYMON ANTONY
          AJMAL V. KARIM


RESPONDENTS:

    1     DISTRICT COLLECTOR,
          CIVIL STATION, KOZHIKKODE DISTRICT,
          PIN - 673020

    2     REVENUE DIVISIONAL OFFICER,
          CIVIL STATION, KOZHIKKODE DISTRICT,
          PIN - 673020

    3     TAHSILDHAR,
          KOZHIKKODE TALUK, KOZHIKKODE DISTRICT,
          PIN - 673019

    4     VILLAGE OFFICER,
          KASABA VILLAGE, KOZHIKKODE DISTRICT,
          PIN - 673004
 WP(C) NO. 35071 OF 2024

                                    2

                                                           2024:KER:83286

    5       LOCAL LEVEL MONITORING COMMITTEE,
            REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER,
            KOZHIKKODE KRISHIBHAVAN,
            KOZHIKKODE DISTRICT, PIN - 673004

    6       AGRICULTURAL OFFICER,
            KOZHIKKODE KRISHIBHAVAN,
            KOZHIKKODE DISTRICT, PIN - 673004



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. 35071 OF 2024

                                    3

                                                            2024:KER:83286


                       MOHAMMED NIAS C.P., J
                      =========================
                       W.P(C) No. 35071 of 2024
                      =========================
               Dated this the 8th day of November, 2024


                             JUDGMENT

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

extent of 43.47 Ares of land comprised in Survey Nos.515/10 and 515/9 of

Kozhikode Taluk, in Kasaba Village in Kozhikode District, has preferred

Ext.P3 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 4 th

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.P3 application WP(C) NO. 35071 OF 2024

2024:KER:83286

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. 35071 OF 2024

2024:KER:83286

APPENDIX OF WP(C) 35071/2024

PETITIONER EXHIBITS :

EXHIBIT-P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 06.05.2024 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT-P2 TRUE COPY OF THE COMMUNICATION DATED

04.12.2018 ISSUED BY THE AGRICULTURAL FIELD OFFICER TO THE PETITIONER.

EXHIBIT-P3 TRUE COPY OF THE FORM 7 APPLICATION DATED 02.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

                //    True Copy   //     PA To Judge
 

 
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