Kerala High Court
Jiyas C.J vs The Revenue Divisional Officer on 10 October, 2024
WP(C) NO. 31091 OF 2024 1
2024:KER:75633
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. 31091 OF 2024
PETITIONERS:
1 JIYAS C.J,
AGED 37 YEARS
S/O JAMAL,CHAKKUNGAL HOUSE, KAVUNKARA KARAYIL,
MUVATTUPUZHA, MARKET P.O,ERNAKULAM, PIN - 686673
2 ABDUL KAREEM.A.H,
AGED 39 YEARS
S/O HAMEED, ANDETH HOUSE, KALADY KARAYIL, KALADY
P.O, ERNAKULAM, PIN - 683574
BY ADVS.
V.PREMCHAND
HALIYA T.P.
MAHADEV M.J.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
SH-1, THOTTUMKALPEEDIKA, MUVATTUPUZHA,
P.O.ERNAKULAM DISTRICT, PIN - 686673
2 THE AGRICULTURE OFFICER,
KOTHAMANGALAM MUNCIPALITY AGRICULTURAL OFFICE,
KOTHAMANGALAM, P.O. ERNAKULAM DISTRICT,
PIN - 686691
3 THE VILLAGE OFFICER,
KOTHAMANGALAM VILLAGE OFFICE,
KOTHAMANGALAM, P.O. ERNAKULAM DISTRICT,
PIN - 686666
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. 31091 OF 2024 2
2024:KER:75633
JUDGMENT
The petitioners, stated to be the owners of the property having an
extent of 03.40 Ares of land comprised in Survey No. 1483/3A-2-9-3, 04.45 Ares of
land comprised in Survey No. 1483/3A-1, 1483/3A-2-9-2 and 9.91 Ares of land
comprised in Survey No. 1482/1-1-2, 1482/1-1-4-2 of Kothamangalam Village,
Kothamangalam Taluk of Ernakulam District, have preferred Exts.P3, P6 and P9
applications 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 petitioners submit that no orders have
been passed on the statutory applications so far.
3. Accordingly, there will be a direction to the 3 rd 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 Divisional Officer/authorised officer will consider
Exts.P3, P6 and P9 applications 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:75633
APPENDIX OF WP(C) 31091/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE SALE DEED NO 3175/2021
ON 01.09.2021
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 16.12.2023
BY THE 1ST RESPONDENT
Exhibit-P3 A TRUE COPY OF THE FORM 6 APPLICATION
SUBMITTED BEFORE THE 1ST RESPONDENT DATED
30.01.2024
Exhibit-P4 A TRUE COPY OF THE SALE DEED NO 3177/2021
ON 01.09.2021
Exhibit-P5 A TRUE COPY OF THE ORDER DATED 16.12.2023
BY THE 1ST RESPONDENT
Exhibit-P6 A TRUE COPY OF THE FORM 6 APPLICATION
SUBMITTED BEFORE THE 1ST RESPONDENT DATED
30.01.2024
Exhibit-P7 A TRUE COPY OF THE SALE DEED NO 3173/2021
ON 01.09.2021
Exhibit-P8 A TRUE COPY OF THE ORDER DATED 16.12.2023
BY THE 1ST RESPONDENT
Exhibit-P9 A TRUE COPY OF THE FORM 6 APPLICATION
DATED 30.01.2024 SUBMITTED BEFORE THE 1ST
RESPONDENT
