Citation : 2024 Latest Caselaw 32404 Ker
Judgement Date : 8 November, 2024
WP(C) NO. 34878 OF 2024
1
2024:KER:83401
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. 34878 OF 2024
PETITIONER:
JOSE,
AGED 63 YEARS
S/O. ANTHONY , POOVELY HOUSE, NAYATHODE P.O.,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
BY ADV P.M.ARUN DAS
RESPONDENTS:
1 THE VILLAGE OFFICER,
ANGAMALY VILLAGE OFFICE, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
2 THE SECRETARY,
ANGAMALY MUNICIPALITY OFFICE,ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
3 THE CONVENER /AGRICULTURAL OFFICER,
LOCAL LEVEL MONITORING COMMITTEE OFFICE,
ANGAMALY MUNICIPALITY OFFICE, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
4 THE AGRICULTURAL OFFICER,
ANGAMALY KRISHIBHAVAN, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572
5 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISION OFFICE, FORT KOCHI,
ERNAKULAM DISTRICT, PIN - 682001
6 THE THASILDHAR,
ALUVA TALUK OFFICE, MINI CIVIL STATION
ALUVA, ERNAKULAM, PIN - 683101
WP(C) NO. 34878 OF 2024
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7 THE DIRECTOR,
KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE, C
BLOCK, VIKAS BHAVAN, THIRUVANATHAPURAM, PIN - 695033
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP, SRI.VISHNU S.CHEMPAZHANTHIYIL,
SC, SRI.C.S.AJITH PRAKASH, 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. 34878 OF 2024
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MOHAMMED NIAS C.P., J
=========================
W.P(C) No. 34878 of 2024
==========================
Dated this the 8thday of November, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 12 Ares 30 Sq.metre of land comprised in Survey No.420/8 of
Aluva Taluk, in Angamaly Village in Ernakulam District, has preferred
Ext.P6 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 1 st
respondent Village Officer to give 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 one month
from today. On receipt of the same, the 5 th respondent Revenue Divisional
Officer/authorised officer will consider Ext.P6 application within one WP(C) NO. 34878 OF 2024
2024:KER:83401
month 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. 34878 OF 2024
2024:KER:83401
APPENDIX OF WP(C) 34878/2024
PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT FROM THE ANGAMALY VILLAGE, OFFICE DATED 06/05/2024
EXHIBIT P2 THE TRUE COPY OF THE PARTITION DEED HAVING 3338/1991 DATED 04/10/1991 OF ANGAMALY SUB REGISTER OFFICE
EXHIBIT P3 THE COPY OF THE OF THE DATA BANK ISSUED FROM KRISHI BHAVAN,,ANGAMALY
EXHIBIT P4 THE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 24/10/2023
EXHIBIT P5 THE BUILDING CERTIFICATE HAVING NO.PTBC-
00439366-2024 ISSUED BY THE ANGAMALY MUNICIPALITY DATED 06-05-2024
EXHIBIT P6 THE COPY OF THE FORM 6 APPLICATION HAVING NO.
2/2022/245393 DATED 03/03/2022
// True Copy // PA To Judge
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