Jaseela vs The District Collector
2024 Latest Caselaw 32394 Ker

Kerala High Court

Jaseela vs The District Collector on 8 November, 2024

WP(C) NO. 34933 OF 2024

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                                                       2024:KER:83414

                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. 34933 OF 2024

PETITIONER:

          JASEELA,
          AGED 58 YEARS
          W/O. ABDUL NAZAR, VIYATHUPARAMBIL HOUSE,
          VELIYATHUNADU P.O, ERNAKULAM, PIN - 683102


          BY ADVS.
          FARHANA K.H.
          MUHASIN K.M.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          FIRST FLOOR, CIVIL STATION,
          KAKKANAD, ERNAKULAM, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER,
          FORTKOCHI REVENUE DIVISIONAL OFFICER,
          K B JACOB ROAD, FORTKOCHI,
          ERNAKULAM, PIN - 682001

    3     THE DEPUTY COLLECTOR (RR),
          FIRST FLOOR, CIVIL STATION,KAKKANAD,
          ERNAKULAM, PIN - 682030

    4     THE TAHSILDAR,
          KANNAYANNUR TALUK OFFICE,
          NEAR SUBHASH PARK, MARINE DRIVE,
          KOCHI, ERNAKULAM, PIN - 682011

    5     THE AGRICULTURAL OFFICER,
          KUMBALAM – PANANGAD KRISHIBHAVAN,
          KUMBALAM, ERNAKULAM, PIN - 682506
 WP(C) NO. 34933 OF 2024

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    6       THE DIRECTOR,
            KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
            VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033



OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP,
            SRI.VISHNU S.CHEMPAZHANTHIYIL, 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. 34933 OF 2024

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                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 34933 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 7.28 Ares of land comprised in Survey No.213/9-2 situated in

Kanayannur Taluk, in Kumbalam 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 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

three months from today. On receipt of the same, the 2 nd respondent

Revenue Divisional Officer/authorised officer will consider Ext.P3 WP(C) NO. 34933 OF 2024

2024:KER:83414

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. 34933 OF 2024

2024:KER:83414

APPENDIX OF WP(C) 34933/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 29.08.2022

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK

EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 24.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 24.08.2024 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION

// True Copy // PA To Judge