Usha Augustine vs The Revenue Divisional Officer
2024 Latest Caselaw 32453 Ker

Kerala High Court

Usha Augustine vs The Revenue Divisional Officer on 8 November, 2024

WP(C) NO. 35309 OF 2024

                                      1

                                                       2024:KER:83389
                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. 35309 OF 2024

PETITIONER:

            USHA AUGUSTINE,
            AGED 68 YEARS
            W/O. AUGUSTINE, RESIDING AT VADAKKAL HOUSE,
            ALUPURAM, KUTTIKATTUKARA (PO), PARAVOOR TALUK,
            ERNAKULAM DISTRICT, KERALA, PIN - 683504

            BY ADVS.
            R.O.MUHAMED SHEMEEM
            NASEEHA BEEGUM P.S.


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            THE REGIONAL DIVISIONAL OFFICE,
            FORT KOCHI, ERNAKULAM DISTRICT,
            KERALA, PIN - 682001

    2       THE VILLAGE OFFICER,
            KADUNGALLOOR VILLAGE OFFICE MUPPATHADAM (PO),
            ERNAKULAM DISTRICT, KERALA, PIN - 683110

    3       STATE OF KERALA,
            REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
            SECRETARIAT, MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM
            JUNCTION, STATUE PALAYAM, THIRUVANANTHAPURAM, KERALA,
            PIN - 695001


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. 35309 OF 2024

                                    2

                                                           2024:KER:83389
                        MOHAMMED NIAS C.P., J
                       =========================
                        W.P(C) No. 35309 of 2024
                      ==========================
                Dated this the 8thday of November, 2024


                             JUDGMENT

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

extent of 15 Ares 59 Sq.metre of land comprised in Survey Nos. 10/8A-9,

13/8A-2, 14/3A-4, 14/3A-5, 14/3B-3 of Paravur Taluk, in Kadungallur

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.

3. Accordingly, there will be a direction to the 2 nd

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 1st 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 1 st respondent Revenue Divisional

Officer/authorised officer will consider Ext.P4 application within one WP(C) NO. 35309 OF 2024

2024:KER:83389 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. 35309 OF 2024

2024:KER:83389 APPENDIX OF WP(C) 35309/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE GIFT DEED NO. 3894/2000, DATED 29/ 06/2000 OF ALANGADU SUB REGISTRAR OFFICE

EXHIBIT P2 A TRUE COPY OF THE REGISTERED WILL NO.

79/2009, DATED 15.06.2009 OF ALANGADU SUB REGISTRAR OFFICE

EXHIBIT P3 A TRUE COPY OF THE LAND REVENUE RECEIPT NO.

KL07031105800/2024, DATED 03.05.2024

EXHIBIT P4 A TRUE COPY OF THE FORM NO 6 RULE 12(1) OF KERALA CONSERVATION OF PADDY LAND WET LAND RULES DATED ON 04/05/2022

EXHIBIT P5 A TRUE COPY OF TREASURY CHELAN RECEIPT NO.

KL02700594/202122M, DATED 25.03.2022 FOR LAND CONVERSION,

EXHIBIT P6 A TRUE COPY OF RECEIPT NO.

KL07031113268/2024, DATED 01.10.2024 FEE FOR LAND CONVERSION,

// True Copy // PA To Judge