Smt. Roshini Roy vs The Revenue Divisional Officer
2024 Latest Caselaw 29608 Ker

Kerala High Court

Smt. Roshini Roy vs The Revenue Divisional Officer on 17 October, 2024

                                                              2024:KER:78087
WP(C).NO.32000/2024

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               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. 32000 OF 2024

PETITIONERS:

            SMT. ROSHINI ROY, AGED 73 YEARS,
            W/O.LATE V.J ROY, RESIDING AT H.NO. 47 94E1 4B, NORTH
            STAR K.K SREEDHARAN ROAD, VADUTHALA P.O, KOCHI, PIN -
            682023.

            BY ADVS. M/S.ANIL S.RAJ, K.N.RAJANI,
            RADHIKA RAJASEKHARAN P., ANILA PETER, SIMI S. ALI,
            ARSHID.M.S., BAHADUR SHAH ANAKKOT NASIRALI &
            SARITHA K.S.


RESPONDENTS:

     1      THE REVENUE DIVISIONAL OFFICER,
            FORT KOCHI, KOCHI P.O., PIN - 682001.

     2      THE VILLAGE OFFICER,ELAMKULAM VILLAGE, VYTTILA P.O.,
            ELAMKULAM, KOCHI, PIN - 682019.

            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:
                                                                 2024:KER:78087
WP(C).NO.32000/2024

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                         MOHAMMED NIAS C. P. , J.
                   =====================================
                         W. P. (C) No. 32000 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 4.45 Ares of land comprised in Survey No. 778/3 of Kanayannur

Taluk, in Elamkulam Village in Ernakulam District, has preferred Ext.P4

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 2 nd respondent

Village 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. On receipt

of the same, the 1st respondent Revenue Divisional Officer/authorised 2024:KER:78087

officer will consider Ext.P4 application within one month 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:78087

APPENDIX OF WP(C).NO.32000/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE DATABANK

EXHIBIT P2               TRUE COPY    OF   THE   LAND   TAX   RECEIPT   DATED
                         07.12.2023

EXHIBIT P3               TRUE COPY OF THE ORDER IN FORM NO.5

APPLICATION DATED 27.12.2023 PASSED BY THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF FORM NO:6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09.02.2024