Citation : 2024 Latest Caselaw 29214 Ker
Judgement Date : 10 October, 2024
WP(C) NO. 30565 OF 2024 1
2024:KER:75642
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. 30565 OF 2024
PETITIONER:
ASWIN. M,
AGED 30 YEARS
S/O. AJITHKUMAR, SHOBHA HOUSE, PUTHUKODE,
VAZHAYUR, MALAPPURAM DISTRICT, PIN - 673633
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,
KOZHIKODE REVENUE DIVISIONAL OFFICE,
CIVIL STATION KOZHIKODE, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
3 THE DEPUTY COLLECTOR (RR),
CIVIL STATION KOZHIKODE, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
4 THE THAHSILDAR,
KOZHIKODE TALUK OFFICE, CIVIL STATION KOZHIKODE,
WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE DISTRICT,
PIN - 673020
5 THE VILLAGE OFFICER,
BEYPORE VILLAGE OFFICE, BEYPORE P.O, KOZHIKODE
DISTRICT, PIN - 673015
6 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN BEYPORE, BEYPORE P.O, KOZHIKODE
DISTRICT, PIN - 673015
WP(C) NO. 30565 OF 2024 2
2024:KER:75642
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. 30565 OF 2024 3
2024:KER:75642
JUDGMENT
The petitioner, stated to be the owner of the property having an
extent of 2 Ares 2.4 Sq. mts. of land comprised in Survey No. 74/68 of
Beypore Village, Kozhikode Taluk of Kozhikode District, has preferred
Ext.P3 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 5th respondent
Village Officer to give 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 one month from
today. On receipt of the same, the 2 nd 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:75642 APPENDIX OF WP(C) 30565/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL11010114040/2023 DATED 25.07.2023
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE CORRIGENDUM NOTIFICATION OF KOZHIKODE MUNICIPAL CORPORATION BEARING NO.
TP13/9/96210/11 DATED 23.05.2022
Exhibit-P3 TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.08.2023
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