Kerala High Court
Hobi Mathew vs The Revenue Divisional Officer on 10 October, 2024
2024:KER:76840
WP(C).NO.38979/2023
1
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. 38979 OF 2023
PETITIONER:
HOBI MATHEW, AGED 44 YEARS,
S/O MATHEW, RESIDING AT CHERUVELILVEEDU, PATHEKKAR
WARD, ARAMPUNNE MURI , PUNALUR VILLAGE AND PUNALUR
TALUK - 691305, REPRESENTED BY POWER OF ATTORNEY HOLDER
SRI. MATHEW, AGED 73 YEARS, S/O. KURIAN, RESIDING AT
CHERUVELILVEEDU, PATHEKKAR WARD, ARAMPUNNEMURI, PUNALUR
VILLAGE AND PUNALUR TALUK, PIN - 691305
BY ADV. SRI. P.M.UNNI NAMBOODIRI
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
PUNALUR, KOLLAM DISTRICT, PIN - 691305.
2 THE VILLAGE OFFICER
VILAKKUDY VILLAGE, PUNALLUR, KOLLAM DISTRICT, PIN -
691322.
3 THE AGRICULTURE OFFICER,
VILAKKUDY AGRICULTURE OFFICE, PUNALUR,
KOLLAM DISTRICT, PIN - 691322.
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:
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WP(C).NO.38979/2023
2
MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 38979 of 2023
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Dated this the 10th day of October, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 15.11 ares of land comprised in Survey Nos. 239/9-19-A, 239/9-19-
B, 239/9-9 and 239/9-9-A of Pathanapuram Taluk, in Vilakudi Village in
Kollam District, has preferred Ext.P7 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
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of the same, the 1st respondent Revenue Divisional Officer/authorised
officer will consider Ext.P7 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
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APPENDIX OF WP(C).NO.38979/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF SALE DEED NO. 4039/2006
DATED 12/10/2006 OF SRO PUNALUR IN THE NAME
HOBI MATHEW PETITONER'S SON.
EXHIBIT P2 THE TRUE COPY OF SALE DEED NO. 4040/2006
DATED 12/10/2006 OF SRO PUNALUR IN THE NAME
HOBI MATHEW PETITONER'S SON.
EXHIBIT P3 THE TRUE COPY OF THE GENERAL POWER OF
ATTORNEY DOC NO. 55/2012 DATED 25/02/2012
EXECUTED BY PETTIONER'S SON IN THE NAME OF
THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE ORDER OF 3RD RESPONDENT
DATED 25.02.2022
EXHIBIT P5 THE TRUE COPY OF THE LETTER FORWARDED BY THE
3RD RESPONDENT TO THE 2ND RESPONDENT DATED
25.02.2022
EXHIBIT P6 THE TRUE COPY OF THE SURVEY SKETCH OF THE
PROPERTY DATED 19.03.2022
EXHIBIT P7 THE TRUE COPY OF THE FORM 6 APPLICATION DATED
29/03/2022
EXHIBIT P8 THE TRUE COPY OF THE REPLY LETTER OF THE 1ST
RESPONDENT DATED 10.03.2023
EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT
