Agnes Michael vs The Revenue Divisional Officer Fort ...
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Kerala High Court

Agnes Michael vs The Revenue Divisional Officer Fort ... on 10 October, 2024

                                                              2024:KER:75882
WP(C).NO.30236/2024

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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. 30236 OF 2024

PETITIONER:

            AGNES MICHAEL, AGED 77 YEARS,
            W/O. (LATE) LEON MICHAEL, 27/1957, KUTTIPARAMBIL, SUB
            STATION ROAD, SOUTH PANAMPILLY NAGAR, 7TH CROSS ROAD,
            KADAVANTHARA P.O, ERNAKULAM, PIN - 682020.

            BY ADVS. M/S.BOBY THOMAS, WINSTON K.V &
            BINI ELIZABETH


RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER FORT KOCHI,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER FORT KOCHI,
            FORT KOCHI P.O, ERNAKULAM, PIN - 682001.

     2      THE VILLAGE OFFICER, ELAMKULAM VILLAGE, GANDHINAGAR
            ROAD, KADAVANTHARA, ERNAKULAM, PIN - 682020.

            SMT.DEVI SHRI R., 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:75882
WP(C).NO.30236/2024

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                             MOHAMMED NIAS C. P. , J.
                       =====================================
                             W. P. (C) No. 30236 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

2.46 ares of land comprised in Survey No. 921/3-33 of Kanayannur Taluk, in

Elamkulam Village in Ernakulam District, has preferred Ext.P2 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 2 nd respondent Village

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

1st 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

1st respondent Revenue Divisional Officer/authorised officer will consider Ext.P2 2024:KER:75882

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:75882

APPENDIX OF WP(C).NO.30236/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 30.10.2023 ISSUED BY THE SECOND RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 6) DATED 24.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT