Varghese vs The Village Officer
2024 Latest Caselaw 32386 Ker

Kerala High Court

Varghese vs The Village Officer on 8 November, 2024

WP(C) NO. 34853 OF 2024

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                                                       2024:KER:83413

                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. 34853 OF 2024

PETITIONER:

          VARGHESE,
          AGED 77 YEARS
          S/O.VARKEY, KAKKASSERY HOUSE, MATTOOR.,
          KALADY P.O., ERNAKULAM DISTRICT, PIN - 683574


          BY ADV P.M.ARUN DAS


RESPONDENTS:

    1     THE VILLAGE OFFICER,
          MATTOOR VILLAGE OFFICE, MATTOOR,
          ERNAKULAM DISTRICT, PIN - 683574

    2     THE SECRETARY,
          KALADY GRAMA PANCHAYATH OFFICE,
          KALADY, ERNAKULAM DISTRICT, PIN - 683574

    3     THE CONVENER /AGRICULTURAL OFFICER,
          LOCAL LEVEL MONITORING COMMITTEE OFFICE,
          KALADY GRAMA PANCHAYATH OFFICE, KALADY,
          ERNAKULAM DISTRICT, PIN - 683574

    4     THE AGRICULTURAL OFFICER,
          KALADY KRISHIBHAVAN,KALADY,
          ERNAKULAM DISTRICT, PIN - 683574

    5     THE REVENUE DIVISIONAL OFFICER,
          REVENUE DIVISION OFFICE, FORT KOCHI,
          ERNAKULAM DISTRICT, PIN - 682001

    6     THE DIRECTOR,
          KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE,
          C BLOCK, VIKAS BHAVAN,
 WP(C) NO. 34853 OF 2024

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                                                           2024:KER:83413

            THIRUVANATHAPURAM, PIN - 695033



OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP,
            SRI.VISHNU S.CHEMPAZHANTHIYIL,
            SC, SRI.WILSON URUMESE, SC


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34853 OF 2024

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                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 34853 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 5.85 Ares of land comprised in Survey No.97/4 situated in Aluva

Taluk, in Mattoor Village in Ernakulam 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 4 th

respondent Agricultural Officer to provide sufficient inputs required

under the Act and the Rules to the 5th respondent Revenue Divisional

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

two months from today. On receipt of the same, the 5 th respondent

Revenue Divisional Officer/authorised officer will consider Ext.P3 WP(C) NO. 34853 OF 2024

2024:KER:83413

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. 34853 OF 2024

2024:KER:83413

APPENDIX OF WP(C) 34853/2024

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT FROM THE MATTOOR VILLAGE, OFFICE DATED 07/05/2024

EXHIBIT P2 THE COPY OF THE RELEVANT PAGE OF THE DATA BANK ISSUED FROM KRISHI BHAVAN, KALADY DATED 06/07/2024

EXHIBIT P3 THE COPY OF THE FORM.5 APPLICATION HAVING NO.

                        1/2024/945727 DATED 06/07/2024




                //    True Copy   //     PA To Judge