Kerala High Court
Smitha Karthikappally, D/O. Xavier ... vs The Revenue Divisional ... on 3 October, 2024
WP(C) NO. 30009 OF 2024
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2024:KER:73409
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 30009 OF 2024
PETITIONER:
SMITHA KARTHIKAPPALLY, D/O. XAVIER CHACKO,
AGED 41 YEARS
KARTHIKAPALLIL, INDUSTRIAL NAGAR P.O.,
CHANGANACHERRY, KOTTAYAM, PIN - 686106
BY ADVS.
LIJI.J.VADAKEDOM
ATHUL V. VADAKKEDOM
REXY ELIZABETH THOMAS
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER-KOTTAYAM
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM,
PIN - 686002
2 LOCAL LEVEL MONITORING COMMITTEE,
CHANGANACHERRY MUNCIPALITY,
REPRESENTED BY ITS SECRETARY,
CHANGANACHERRY P.O., KOTTAYAM DISTRICT,
PIN - 686101
3 THE VILLAGE OFFICER-VAZHAPPALLY KIZHAKKU,
VAZHAPPALLY KIZHAKKU VILLAGE OFFICE,
CHANGANACHERRY, KOTTAYAM, PIN - 686103
4 AGRICULTURAL OFFICER-CHANGANCHERRY,
KRISHI BHAVAN, CHANGANACHERRY
KOTTAYAM, PIN - 686101
5 AGRICULTURAL OFFICER-CHANGANCHERRY,
KRISHI BHAVAN, CHANGANACHERRY
WP(C) NO. 30009 OF 2024
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2024:KER:73409
KOTTAYAM, PIN - 686101
6 CHANGANACHERRY MUNCIPALITY,
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE CHANGANCHERRY MUNICIPALITY,
CHANGANACHERRY P.O.,
KOTTAYAM DISTRICT, PIN - 686101
7 SECRETARY,
CHANGANACHERRY MUNCIPALITY, CHANGANACHERRY P.O.,
KOTTAYAM DISTRICT, PIN - 686101
SMT.PREETHA K.K., SR.GP, SRI.PAUL JACOB, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30009 OF 2024
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2024:KER:73409
MOHAMMED NIAS C.P., J.
=========================
W.P(C) No. 30009 of 2024
=========================
Dated this the 3rd day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 1.42 Ares of land comprised in Survey No. 5/4-5 situated in
Changanasseri Taluk, in Vazhappilli East Village in Kottayam District, has
preferred Ext.P7 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 4 th
respondent Agricultural Officer to provide sufficient inputs required
under the Act and the Rules to the 1 st 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.P7
WP(C) NO. 30009 OF 2024
2024:KER:73409
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. 30009 OF 2024
2024:KER:73409
APPENDIX OF WP(C) 30009/2024
PETITIONER EXHIBITS :
EXHIBIT P1 THE COPY OF THE POSSESSION CERTIFICATE
NO.83270034 DATED 31.1.2024 ISSUED BY THE
VILLAGE OFFICER/3RD RESPONDENT SHOWING
POSSESSION OF 1.42 ARES OF LAND IN BLOCK 21,
RESURVEY NO. 5/4-5 OF VAZHAPPALLY EAST
VILLAGE
EXHIBIT P2 THE TRUE COPY OF THE FORM 5 APPLICATION DATED
15.12.2021
EXHIBIT P3 THE COPY OF THE PROCEEDINGS NO.B2-
3760/2021.DIS OF THE SUB COLLECTOR, KOTTAYAM
DATED 29.01.2022 WITH RESPECT TO FORM 5
APPLICATION
EXHIBIT P4 THE COPY OF THE PROCEEDINGS NO. 8981/2023 OF
THE RDO, KOTTAYAM DATED 31.10.2023 WITH
RESPECT TO FORM 6 APPLICATION
EXHIBIT P5 THE COPY OF THE ORDER
NO.RDOKTM/3920/2021/B2/K.DIS OF THE SUB
COLLECTOR, KOTTAYAM DATED 19.12.2022 WITH
RESPECT TO FORM 6 APPLICATION
EXHIBIT P6 THE COPY OF THE SURVEY MAP OF THE THREE
PROPERTIES PREPARED BY A LICENSED SURVEYOR
EXHIBIT P7 THE COPY OF THE APPLICATION DATED 31.01.2024
IN FORM NO. 5 OF THE RULES UNDER ACT 28 OF
2008 SUBMITTED BY THE PETITIONER
// True Copy // PA To Judge
