Kerala High Court
Sebastian Jose vs State Of Kerala on 8 November, 2024
WP(C) NO. 35381 OF 2024 1 2024:KER:83325
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. 35381 OF 2024
PETITIONER:
SEBASTIAN JOSE, AGED 43 YEARS,
S/O.JOSE.K.P, KOORAN KALLURKARAN HOUSE,
PEECHANIKAD, PULIYANAM.P.O.,
ERNAKULAM, PIN - 683572
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, CIVIL STATION, KAKKANAD POST,
ERNAKULAM DISTRICT, PIN - 682030
3 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, FORT KOCHI,
KB JACOB RD, KOCHI HEAD POST, ERNAKULAM,
PIN - 682001
4 DEPUTY COLLECTOR (LA),
COLLECTORATE, KAKKANAD, ERNAKULAM,
PIN - 682030
WP(C) NO. 35381 OF 2024 2 2024:KER:83325
5 TAHSILDAR (LAND RECORDS),
TALUK OFFICE, ALUVA,MINI CIVIL STATION,
CIVIL STATION RD, PERIYAR NAGAR, ALUVA,
ERNAKULAM, PIN - 683101
6 VILLAGE OFFICER,
VILLAGE OFFICE, ANGAMALY,GROUND FLOOR,
MINI CIVIL STATION,ANGAMALY, ERNAKULAM, PIN -
683572
7 LOCAL LEVEL MONITORING COMMITTEE,
(REPRESENTED BY ITS CONVENER AGRICULTURAL
OFFICER), KRISHI BHAVAN, ANGAMALY,
ANGAMALY.P.O, ERNAKULAM, PIN - 683572
8 AGRICULTURAL OFFICER,
KRISHI BHAVAN, ANGAMALY, ANGAMALY.P.O,
ERNAKULAM, PIN - 683572
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. 35381 OF 2024 3 2024:KER:83325
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 8.91 Ares of land comprised in Survey
No.430/12-2 of Aluva Taluk, in Angamaly Village in Ernakulam
District, has preferred Ext.P4 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 petitioner submits that
no orders have been passed on the statutory application so far.
Accordingly, there will be a direction to the sixth
respondent Village Officer to give sufficient inputs required
under the Act and the Rules to the third respondent Revenue
Divisional Officer or the officer authorised under Section 2(XVA)
of the Act, within three months from today. On receipt of the
WP(C) NO. 35381 OF 2024 4 2024:KER:83325
same, the third respondent Revenue Divisional Officer/authorised
officer will consider Ext.P4 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
DMR/-
WP(C) NO. 35381 OF 2024 5 2024:KER:83325
APPENDIX OF WP(C) 35381/2024
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE TAX RECEIPT DATED
22.06.2023 ISSUED BY THE ANGAMALY
VILLAGE OFFICE.
Exhibit P2 A COPY OF THE POSSESSION CERTIFICATE
DATED 28.02.2023 ISSUED BY THE ANGAMALY
VILLAGE OFFICE.
Exhibit P3 A COPY OF THE ORDER DATED 01.08.2024 IN
FILE NO.100/2024 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P4 A COPY OF THE FORM.6 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 22.08.2024.
// TRUE COPY //
P.A. TO JUDGE
