Suni Abraham vs The District Collector
2024 Latest Caselaw 29102 Ker

Kerala High Court

Suni Abraham vs The District Collector on 10 October, 2024

WP(C) NO. 30523 OF 2024          1


                                                    2024:KER:75613
              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. 30523 OF 2024

PETITIONER:

            SUNI ABRAHAM,
            AGED 51 YEARS, D/O. P M ABRAHAM,
            GRACE VILLA HOUSE, 28/1792 B,
            AMALA BHAVAN ROAD, PANORAMMA NAGAR,
            KADAVANTHRA, ERNAKULAM,
            PIN - 682020
            BY ADVS.
            FARHANA K.H.
            MUHASIN K.M.
RESPONDENTS:

     1      THE DISTRICT COLLECTOR, FIRST FLOOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM,
            PIN - 682030

     2      THE DEPUTY COLLECTOR (RR), FIRST FLOOR,
            CIVIL STATION, KAKKANAD, ERNAKULAM,
            PIN - 682030

     3      THE TAHSILDAR, KANNAYANNUR TALUK OFFICE,
            KANAYANNUR, NEAR SUBHASH PARK, MARINE DRIVE,
            KOCHI, ERNAKULAM, PIN - 682011

     4      THE VILLAGE OFFICER, KUMBALAM VILLAGE OFFICE,
            PANANGAD, ERNAKULAM, PIN - 682506

            *ADDL. R5 IS IMPLEADED

     5      THE REVENUE DIVISIONAL OFFICER
            FORT KOCHI REVENUE DIVISIONAL OFFICE,
            K B JACOB ROAD, FORT KOCHI, ERNAKULAM - 682 001

            *ADDL R5 IS IMPLEADED AS PER ORDER DATED 10.10.2024
            IN I.A.NO. 1/2024 IN WPC
 WP(C) NO. 30523 OF 2024      2


                                                  2024:KER:75613




            BY 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:
 WP(C) NO. 30523 OF 2024             3


                                                             2024:KER:75613
                                JUDGMENT

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

extent of 14.36 Ares of land comprised in Survey No. 274/2-3 (5.40 Ares)

and Survey No. 274/2-4 (8.96 Ares) of Kumbalam Village in Kanayannur

Taluk of 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 4 th respondent

Village Officer to give sufficient inputs required under the Act and the

Rules to the additional 5th 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 additional 5 th respondent Revenue

Divisional Officer/authorised officer will consider Ext.P3 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 DCS

2024:KER:75613

APPENDIX OF WP(C) 30523/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 13.11.2020

Exhibit P2 TRUE COPY OF THE ORDER DATED 23.06.2024, FILE NO. 8073/2024 ISSUED BY SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER, FORT KOCHI

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 15.07.2024

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 29.06.2024