S. Prem Prakash vs The District Collector
2024 Latest Caselaw 29208 Ker

Kerala High Court

S. Prem Prakash vs The District Collector on 10 October, 2024

WP(C) NO. 30473 OF 2024            1


                                                  2024:KER:75652
             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. 30473 OF 2024

PETITIONERS:

     1      S. PREM PRAKASH,
            AGED 60 YEARS
            S/O. K.S PRAKASHAN, AKKARAKKATTIL HOUSE,
            KALATHINKUNNU, NADAKKAVU P.O, KOZHIKKODE DISTRICT,
            PIN - 673011

     2      REENA PRAKASH,
            AGED 59 YEARS
            W/O. PREM PRAKASH, AKKARAKKATTIL HOUSE,
            KALATHINKUNNU, NADAKKAVU P.O, KOZHIKKODE DISTRICT,
            PIN - 673011


            BY ADV BINIYAMIN K.S.


RESPONDENTS:

     1      THE DISTRICT COLLECTOR,
            CIVIL STATION KOZHIKODE, WAYANAD ROAD,
            ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020

     2      THE REVENUE DIVISIONAL OFFICER,
            VADAKARA REVENUE DIVISIONAL OFFICE,
            PUTHIYAPPU,VADAKARA, KOZHIKODE DISTRICT, PIN -
            673101

     3      THE DEPUTY COLLECTOR (DM),
            CIVIL STATION KOZHIKODE, WAYANAD ROAD,
            ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020

     4      THE THAHSILDAR,
            KOYILANDI TALUK OFFICE, MINI CIVIL STATION,
            KOYILANDI, KOZHIKODE DISTRICT, PIN - 673305
 WP(C) NO. 30473 OF 2024        2


                                                  2024:KER:75652
     5      THE VILLAGE OFFICER,
            ARIKKULAM VILLAGE OFFICE, ARIKKULAM, KOZHIKODE
            DISTRICT, PIN - 673620

     6      THE AGRICULTURAL OFFICER,
            ARIKKULAM KRISHI BHAVAN, ARIKKULAM, KOZHIKODE
            DISTRICT, PIN - 673620


            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. 30473 OF 2024                  3


                                                                   2024:KER:75652
                                     JUDGMENT

The petitioners, stated to be the owners of the property having an

extent of 65 Ares 67 Sq. Meters of land comprised in two Survey Nos., such as 4

Ares 4 Sq. Meters in Sy. No. 10/12 and 61 Ares 63 Sq. Meters in Sy. No. 10/13 of

Arikkulam Village, Koyilandy Taluk of Kozhikode District, have preferred Ext.P3

application under Form 5 of the Kerala Conservation of Paddy Land and

Wetland Act and Rules, 2008, (for short, the Act and the Rules) seeking deletion

of the property from the databank.

2. The learned counsel for the petitioners submits that no orders

have been passed on the statutory application so far.

3. Under such circumstances, there will be a direction to the 6 th

respondent Agricultural Officer to provide sufficient inputs required under the

Act and the Rules to the 2nd 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 2nd 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:75652

APPENDIX OF WP(C) 30473/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.

KL11021103517/2024 FOR THE PERIOD OF 2024- 2025 DATED 19-04-2024

Exhibit-P1(A) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 5TH RESPONDENT BEARING NO.84848220 DATED 28-04-2024

Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK ATTESTED BY THE 5TH RESPONDENT VILLAGE OFFICER

Exhibit-P3 TRUE COPY OF THE APPLICATION IN FORM 5 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 29-04-2024