Dennis Thomas vs District Collector
2024 Latest Caselaw 29627 Ker

Kerala High Court

Dennis Thomas vs District Collector on 17 October, 2024

WP(C) NO. 31886 OF 2024

                                   1

                                                       2024:KER:77121



                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. 31886 OF 2024

PETITIONER:

          DENNIS THOMAS,
          AGED 50 YEARS
          PRESENTLY NOT EMPLOYED,
          S/ O ALUMMOOTTIL THOMAS, ALUMMOOTTIL
          MALAYIY,OONNUKALKARA, OONNUKAL P.O,
          PATHANAMTHITTA TALUK, PATHANAMTHITTA,
          PIN - 689647


          BY ADVS.
          K.MOHAMMED FAISAL NAHA
          TINTU GEORGE



RESPONDENTS:

    1     DISTRICT COLLECTOR,
          CIVIL STATION , ECHAMUKKU, KUNNUMPURAM,
          KAAKKANADU, ERNAKULAM, PIN - 682030

    2     REVENUE DIVISIONAL OFFICER,
          KB JACOB ROAD, FORT COCHIN, KOCHI,
          PIN - 682001

    3     VILLAGE OFFICER,
          CHERANALLOOR VILLAGE, CHITTOOR ROAD, CHITTOOR,
          PIN - 682027

    4     AGRICULTURE OFFICER,
          AGRICULTURAL BHAVAN,1ST FLOOR,
          KOCHI CORPORATION SHOPPING COMPLEX, VYTILA,
 WP(C) NO. 31886 OF 2024

                                    2

                                                           2024:KER:77121

            PIN - 682019



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. 31886 OF 2024

                                      3

                                                               2024:KER:77121

                         MOHAMMED NIAS C.P., J
                        ==========================
                         W.P(C) No. 31886 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 5.16 Ares of land comprised in Survey No.1151/6 of Kanayannur

Taluk, in Cheranalloor Village in Ernakulam District, has preferred Ext.P2

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 3 rd

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 2 nd 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.P2 application within two WP(C) NO. 31886 OF 2024

2024:KER:77121

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. 31886 OF 2024

2024:KER:77121

APPENDIX OF WP(C) 31886/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 19-03-2024 OF THE SUB COLLECTOR, FORT COCHIN REMOVING PROPERTY OF THE PETITIONER FROM DATA BANK

EXHIBIT P2 TRUE COPY OF THE FORM 6 APPLICATION DATED 10-04-2024 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

// True Copy // PA To Judge