Rajan Daniel vs State Of Kerala
2024 Latest Caselaw 29205 Ker

Kerala High Court

Rajan Daniel vs State Of Kerala on 10 October, 2024

WP(C) NO. 31106 OF 2024           1



                                                       2024:KER:75413
                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. 31106 OF 2024

PETITIONER:

          RAJAN DANIEL,
          AGED 70 YEARS
          S/O. P K DANIEL( LATE),
          KODIYATTU PUTHENVEEDU ,KAIPATTOOR.P.O,
          KAIPATTOOR, PATHANAMTHITTA DISTRICT,
          PIN - 689648


          BY ADV. 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,
          PARASSALA, 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
 WP(C) NO. 31106 OF 2024            2



                                                      2024:KER:75413
    6       LOCAL LEVEL MONITORING COMMITTEE,
            (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
            KRISHI BHAVAN, ADOOR, ADOOR P.O.,
            PATHANAMTHITTA, PIN - 691523

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

            BY 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:
 WP(C) NO. 31106 OF 2024                 3



                                                                    2024:KER:75413
                                   JUDGMENT

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

extent of 18.23 Ares comprised in Survey No. 161/15 of Peringanadu Village,

Adoor Taluk 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 officer

authorised under Section 2(XVA) of the Act, within two months from today. On

receipt of the same, the 3rd 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 DCS

2024:KER:75413 APPENDIX OF WP(C) 31106/2024

PETITIONER 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 PERINGANADU VILLAGE OFFICE.

Exhibit P3 A COPY OF THE ORDER NO.B4-329834/21/CRU DATED 25.01.2022 ISSUED BY THE 3RD RESPONDENT.

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