Thariath vs The Revenue Divisional Officer
2024 Latest Caselaw 29233 Ker

Kerala High Court

Thariath vs The Revenue Divisional Officer on 10 October, 2024

                                                              2024:KER:75889
WP(C).NO.31180/2024

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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. 31180 OF 2024

PETITIONER:

            THARIATH,AGED 70 YEARS, S/O. PORINCHU THACHIL HOUSE,
            CHERUKADAPPURAM,PUTHENVELIKKARA P.O, PARAVUR TALUK,
            ERNAKULAM, PIN - 683594

            BY ADV. SRI.C.K.SHERIN


RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL
            OFFICE, K B JACOB ROAD, FORT COCHIN, PIN - 682001

     2      DEPUTY COLLECTOR(DM), COLLECTORATE, CIVIL STATION,
            KAKKANAD,ERNAKULAM, PIN - 682030

     3      THE AGRICULTURAL OFFICER,KRISHI BHAVAN,
            PUTHENVELIKKARA, PARAVUR, ERNAKULAM, PIN - 683594

            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:75889
WP(C).NO.31180/2024

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                         MOHAMMED NIAS C. P. , J.
                   =====================================
                         W. P. (C) No. 31180 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 26.91 ares of land consisting of 11.53 ares in Survey No.32/17B-3

and 15.38 ares in Survey No.32/17A1-8 of Paravur Taluk, in Puthenvelikkara

Village in Ernakulam District, has preferred Ext.P5 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 petitioner submits that no orders

have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 3 rd respondent

Agricultural 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 two months from today.

2024:KER:75889

On receipt of the same, the 1st respondent Revenue Divisional

Officer/authorised officer will consider Ext.P5 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:75889

APPENDIX OF WP(C).NO.31180/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 1501/1992 DATED 27.08.1992

EXHIBIT P2 TRUE COPY OF THE GIFT DEED NO. 556/1990 DATED 14.05.1990

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 17.08.2024 FOR THE PERIOD 2024-2025 ISSUED BY THE PUTHENVELIKKARA VILLAGE OFFICER

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK

EXHIBIT P5 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 16.08.2024

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 17.08.2024 SHOWING THE ACCEPTANCE OF EXT P5 THROUGH ONLINE