Sreelatha Devi vs State Of Kerala
2024 Latest Caselaw 32445 Ker

Kerala High Court

Sreelatha Devi vs State Of Kerala on 8 November, 2024

WP(C) NO. 35545 OF 2024

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                                                       2024:KER:83388

                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. 35545 OF 2024

PETITIONER:

          SREELATHA DEVI,
          AGED 68 YEARS
          W/O.M. K. SIDHAN, AGED 68 YEARS,
          RESIDING AT MANAMEL, ARAKKUZHI,
          VADACODE KARA, THEVAKKAL, VKC P.O.,
          ERNAKULAM, PIN - 682021


          BY ADVS.
          K.C.ELDHO
          S.BIJILAL
          ALMAJITHA FATHIMA
          HIMA JOSEPH


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE REVENUE DIVISIONAL OFFICER (RDO),
          FORT KOCHI, REVENUE DIVISIONAL OFFICE,
          FORT KOCHI, COCHIN, PIN - 682001

    3     THE VILLAGE OFFICER,
          THRIKKAKKARA NORTH VILLAGE,VILLAGE OFFICE,
          PADIVATTOM P.O.,COCHIN, PIN - 682024

    4     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, KALAMASSERY,
          KANGARAPPADY,
          COCHIN, PIN - 682021
 WP(C) NO. 35545 OF 2024

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                                                           2024:KER:83388



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. 35545 OF 2024

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                                                           2024:KER:83388

                        MOHAMMED NIAS C.P., J
                       =========================
                        W.P(C) No. 35545 of 2024
                      ==========================
                Dated this the 8thday of November, 2024


                             JUDGMENT

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

extent of 9 Ares 80 Sq.metre of land comprised in Survey No.482/9 of

Kanayannur Taluk, in Trikkakkara North Village in Ernakulam 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 petitioner 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 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 application WP(C) NO. 35545 OF 2024

2024:KER:83388

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. 35545 OF 2024

2024:KER:83388

APPENDIX OF WP(C) 35545/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE TAX PAID RECEIPT DATED 28.08.2024IN RESPECT OF THE PROPERTY OF THE PETITIONER

EXHIBIT P2 A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 30/08/2024 ALLOWING FORM 5 APPLICATION

EXHIBIT P3 A TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONER BEFORE THE 2NDRESPONDENT DATED 17/09/2024

EXHIBIT P4 A TRUE COPY OF THE RECEIPT DATED 17.09.2024 EVIDENCING THE PAYMENT OF THE REQUISITE APPLICATION FEES BY THE PETITIONER

// True Copy // PA To Judge