Sebastian vs The Revenue Divisional Officer
2024 Latest Caselaw 29497 Ker

Kerala High Court

Sebastian vs The Revenue Divisional Officer on 17 October, 2024

WP(C) NO. 31916 OF 2024

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                                                                2024:KER:77112

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                          WP(C) NO. 31916 OF 2024

PETITIONER:

            SEBASTIAN,
            AGED 36 YEARS
            S/O. MARIYAPPAN, NIRMALA BHAVAN HOUSE,
            MARIYAPURAM, OLLUR, KUTTANELLUR P.O,
            THRISSUR, PIN - 680014

            BY ADVS.
            SARATHKUMAR.T.S
            ACHANKUNJU P.C
            SHYAM KUMAR M.P
            JISMEMOL JAMES
            D.VIMAL DEV
            VISHNU RAJAGOPAL

RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            FIRST FLOOR, CIVIL STATION, AYYANTHOLE,
            THRISSUR, KERALA, PIN - 680003

    2       THE AGRICULTURAL OFFICER,
            (CONVENOR OF LOCAL LEVAL MONITORING COMMITTEE),
            NETTISSERY, THRISSUR THALUK,THRISSUR, KERALA,
            PIN - 680655


OTHER PRESENT:

            SMT.DEVI SHRI R., GP
     THIS     WRIT   PETITION   (CIVIL)       HAVING   BEEN   FINALLY   HEARD   ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31916 OF 2024

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                                                            2024:KER:77112

                         MOHAMMED NIAS C.P., J.
                         =========================
                         W.P(C) No. 31916 of 2024
                         =========================
                 Dated this the 17th day of October, 2024



                              JUDGMENT

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

extent of 1.21 Ares of land comprised in Survey No.10/17 situated in

Thrissur Taluk, in Nettissery Village in Thrissur District, has preferred

Ext.P2 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. Under such circumstances, there will be a direction to the 2 nd

respondent Agricultural Officer to provide sufficient inputs required under

the Act and the Rules to the 1 st 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 1st respondent Revenue Divisional WP(C) NO. 31916 OF 2024

2024:KER:77112

Officer/authorised officer will consider Ext.P2 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

LU WP(C) NO. 31916 OF 2024

2024:KER:77112

APPENDIX OF WP(C) 31916/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT ISSUED IN THE NAME OF THE PETITIONER BY THE VILLAGE OFFICER, NETTISSERY VILLAGE, DATED 09.05.2024

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER, SUBMITTED BEFORE THE 1ST RESPONDENT IN FORM 5, AS PRESCRIBED IN RULE 4(D) OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND RULES, 2018, DATED 31.05.2023

// True Copy // PA To Judge