Saleena. P vs Deputy Collector (Land Acquisition)
2024 Latest Caselaw 32368 Ker

Kerala High Court

Saleena. P vs Deputy Collector (Land Acquisition) on 8 November, 2024

WP(C) NO. 35557 OF 2024

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                                                             2024:KER:83392

                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. 35557 OF 2024

PETITIONER:

            SALEENA. P.,
            AGED 34 YEARS
            D/O. KUNHAHAMMED KUTTY, PATHOOR HOUSE,
            KONDINHI P.O., MALAPPURAM DISTRICT, PIN - 676309


            BY ADVS.
            U.K.DEVIDAS
            S.K.SREELAKSHMY


RESPONDENTS:

    1       DEPUTY COLLECTOR (LAND ACQUISITION),
            COLLECTORATE, UP HILL. P.O.,
            MALAPPURAM DISTRICT, PIN - 676505

    2       AGRICULTURE OFFICER,
            KRISHI BHAVAN, NANNAMBRA,
            CHERUMUKKU P.O. MALAPPURAM DISTRICT, PIN - 676306

    3       VILLAGE OFFICER,
            NANNAMBRA VILLAGE OFFICE, KUNDOOR MOOLAKKAL,
            THEYYALINGAL P.O.,
            MALAPPURAM DISTRICT, PIN - 676320


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. 35557 OF 2024

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                                                           2024:KER:83392



                        MOHAMMED NIAS C.P., J
                       =========================
                        W.P(C) No. 35557 of 2024
                      ==========================
                Dated this the 8thday of November, 2024


                             JUDGMENT

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

extent of 2 Ares 33.8 Sq.metre of land comprised in Survey No.134/1-5 of

Thiroorangadi Taluk, in Nannambra Village in Malappuram District, has

preferred Ext.P3 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 petitioners 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 1 st respondent Deputy Collector under Section 2(XVA)

of the Act, within two months from today. On receipt of the same, the 1 st

respondent Deputy Collector will consider Ext.P3 application within two WP(C) NO. 35557 OF 2024

2024:KER:83392

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. 35557 OF 2024

2024:KER:83392

APPENDIX OF WP(C) 35557/2024

PETITIONER EXHIBITS :

EXHIBIT-P1 TRUE COPY OF BASIC TAX RECEIPT DATED 06.05.2023 ISSUED FROM THE NANNAMBRA VILLAGE OFFICE

EXHIBIT-P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK IN RESPECT OF THE PROPERTY OF THE PETITIONER

EXHIBIT-P3 TRUE COPY OF THE APPLICATION DATED 31.07.2024 IN FORM NO.6 UNDER KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008

EXHIBIT-P4 TRUE COPY OF THE FEE RECEIPT DATED 31.07.2024 ISSUED FROM THE NANNAMABRA VILLAGE OFFICE

// True Copy // PA To Judge