Susy Rajan vs State Of Kerala
2024 Latest Caselaw 29100 Ker

Kerala High Court

Susy Rajan vs State Of Kerala on 10 October, 2024

                                                       2024:KER:76470
WP(C).NO.31061/2024

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                        WP(C) NO. 31061 OF 2024

PETITIONER:

            SUSY RAJAN, AGED 62 YEARS,
            W/O. RAJAN DANIEL,KODIYATTU PUTHENVEEDU,KAIPATTOOR.P.O,
            KAIPATTOOR, PATHANAMTHITTA DISTRICT, PIN - 689648.

            BY ADV. SRI. AVANEESH KOYIKKARA


RESPONDENTS:

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

     2      DISTRICT COLLECTOR, PATHANAMTHITTA,
            COLLECTORATE, PATHANAMTHITTA COLLECTORATE ROAD,
            CHITTOOR, PATHANAMTHITTA, PIN - 689645.

     3      REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
            REVENUE DIVISIONAL OFFICE, ADOOR, MG ROAD, PARASS LA,
            ADOOR, PATHANAMTHITTA, PIN - 691523.

     4      TAHSILDAR,
            TALUK OFFICE, ADOOR PARASS LA, ADOOR, PATHANAMTHITTA,
            PIN - 691523.

     5      VILLAGE OFFICER,
            VILLAGE OFFICE, PERINGANADU, PERINGANADU, KAYAMKULAM -
            PUNALUR ROADD, PERINGANAD, PATHANAMTHITTA, PIN -691523.

     6      LOCAL LEVEL MONITORING COMMITTEE, (REPRESENTED BY ITS
            CONVENER AGRICULTURAL OFFICER) KRISHI BHAVAN,
            ADOOR,ADOOR P.O.,PATHANAMTHITTA,PIN 691523.
                                                               2024:KER:76470
WP(C).NO.31061/2024

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     7      AGRICULTURAL OFFICER,
            KRISHI BHAVAN, ADOOR, ADOOR P.O., PATHANAMTHITTA., PIN
            - 691523.

            SMT. PREETHA K.K., SENIOR GOVERNMENT PLEADER


     THIS   WRIT      PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                                     2024:KER:76470
WP(C).NO.31061/2024

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                               MOHAMMED NIAS C.P., J.
                       ............................................................
                              W. P. (C) No. 31061 of 2024
                      .............................................................
                     Dated this the 10th day of October, 2024


                                         JUDGMENT

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

extent of 14.17 Ares of land comprised in Survey No. 161/15-1 situated in

Adoor Taluk, in Peringanadu Village in Pathanamthitta District, has

preferred Ext.P4 application under Form-9 of the Kerala Conservation of

Paddy Land and Wetland Act and Rules, 2008, (for short, the Act and the

Rules) seeking permission for making necessary changes in the nature of

land in the BTR.

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 5 th

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 3rd respondent Revenue Divisional Officer or the 2024:KER:76470

officer authorised under Section 2(XVA) of the Act, within two months

from today. On receipt of the same, the 3 rd respondent Revenue Divisional

Officer/authorised officer will consider Ext.P4 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 MMG 2024:KER:76470

APPENDIX OF WP(C).NO.31061/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A COPY OF THE TAX RECEIPT DATED 19.01.2024 OF PERINGANADU VILLAGE OFFICE.

EXHIBIT P2 A COPY OF THE POSSESSION CERTIFICATE DATED 20.01.2024 ISSUED BY THE ANGAMALY VILLAGE OFFICE.

EXHIBIT P3 A COPY OF THE ORDER NO. B4-829836/2021/CRU DATED 21.08.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF FORM.9 APPLICATION OF THE PETITIONER DATED 27.02.2024.