Citation : 2024 Latest Caselaw 29628 Ker
Judgement Date : 17 October, 2024
WP(C) NO. 31976 OF 2024
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2024:KER:77136
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. 31976 OF 2024
PETITIONER:
M/S LALY BUILDERS PVT LTD,
III/271-F,KUTTIPUZHA HOUSE, MARADY VILLAGE,
MUVATTUPUZHA TALUK, SOUTH MARADY P.O,
ERNAKULAM DISTRICT,
REPRESENTED BY ITS DIRECTOR,
MRS. LALY SHANS, W/O SHANS PAUL,
KOCHUKUDIYIL HOUSE, MARADY,
MUVATTUPUZHA, PIN - 686673
BY ADVS.
BIBIN KUMAR
T.S.SAUMYA
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
1ST FLOOR,K J JACOB ROAD, FORT KOCHI,
ERNAKULAM DISTRICT,
PIN - 682001
2 DEPUTY COLLECTOR (RR),
COLLECTORATE, CIVIL STATION,
KAKKANAD, PIN - 682021
3 TAHSILDAR (LAND RECORDS),
KANAYANNUR THALUK,
ERNAKULAM DISTRICT,
PIN - 682011
WP(C) NO. 31976 OF 2024
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2024:KER:77136
4 THE VILLAGE OFFICER,
EDAPPALLY SOUTH VILLAGE OFFICE,EDAPPALLY,
ERNAKULAM, PIN - 682021
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. 31976 OF 2024
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MOHAMMED NIAS C.P., J
==========================
W.P(C) No. 31976 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 4.41 Ares of land comprised in Survey No.94/3A-3-2 of Kanayannur
Taluk, in Edappally South Village in Ernakulam District, has preferred
Ext.P5 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 4th
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 WP(C) NO. 31976 OF 2024
2024:KER:77136
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
LU WP(C) NO. 31976 OF 2024
2024:KER:77136
APPENDIX OF WP(C) 31976/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE COMPANY MASTER DATA DATED NIL
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO 2001/2022 DATED 2/6/2022 OF EDAPPALLY SRO
EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT NO KL07022410809 DATED 22/5/2024 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE SAID PROPERTY
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK EVIDENCING THAT THE PROPERTY OF THE PETITIONER IS INCLUDED IN THE PUBLISHED DATABANK OF THE EDAPPALLY SOUTH VILLAGE OF KOCHIN CORPORATION
EXHIBIT P5 TRUE COPY OF THE FORM 6 APPLICATION NO.44/2024/931884 DATED 23/5/2024 FILED BEFORE THE 1ST RESPONDENT
// True Copy // PA To Judge
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