Anitha Zacharias vs The Revenue Divisional Officer
2024 Latest Caselaw 28877 Ker

Kerala High Court

Anitha Zacharias vs The Revenue Divisional Officer on 3 October, 2024

                                                              2024:KER:73371
WP(C).NO.30197/2024

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                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. 30197 OF 2024

PETITIONER:

            ANITHA ZACHARIAS, AGED 63 YEARS,
            W/O ZACHARIAS, POOMKUDY VILLA , KUNNUMPURAM,KAKKANADU
            P.O., ERNAKULAM DISTRICT,KERALA STATE, PIN - 682030.

            BY ADVS. M/S.BIJU MARTIN & M.M.SALIM



RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER,
            OFFICE OF THE REVENUE DIVISIONAL
            OFFICER,FORTKOCHI,KOCHI, PIN - 682001.

     2      THE DEPUTY COLLECTOR( R R ),
            OFFICE OF THE DEPUTY COLLECTOR,COLLECTORATE P.O.,
            KAKKANAD, PIN - 682030.

 *ADDL. 3 THE VILLAGE OFFICER,
          OFFICE OF THE VILLAGE OFFICER, KAKKANAD VILLAGE,
          ERNAKULAM, PIN-682030.
           * IMPLEADED AS PER ORDER DATED 3.10.2024 IN
          I.A.NO.1/2024

            SMT.PREETHA K.K., SR.GP


     THIS     WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                               2024:KER:73371
WP(C).NO.30197/2024

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                         MOHAMMED NIAS C. P. , J.
                   =====================================
                         W. P. (C) No. 30197 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 9 cents (3.64 Ares) of land comprised in Survey No. 565/16 in Block

No. 009 of Kanayannur Taluk, in Kakkanadu 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

additional 3rd respondent Village Officer to give 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 two

months from today. On receipt of the same, the 1st respondent Revenue 2024:KER:73371

Divisional Officer/authorised officer will consider Ext.P3 application within

three 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 MMG 2024:KER:73371

APPENDIX OF WP(C).NO.30197/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NUMBER 252/2024 DATED 11.08.2024 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PAYMENT RECEIPT NO.

KLO7021713909/2024 ISSUED BY THE LAND REVENUE DEPARTMENT, KERALA DATED 16.08.2024

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 16.08.2024 FILED BY THE PETITIONER IN FORM NO.6 BEFORE THE 1ST RESPONDENT