Sabu vs State Of Kerala
2024 Latest Caselaw 29637 Ker

Kerala High Court

Sabu vs State Of Kerala on 17 October, 2024

WP(C) NO. 31120 OF 2024
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                                                       2024:KER:77137
                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. 31120 OF 2024

PETITIONER:

          SABU,
          AGED 57 YEARS
          S/O THOMAS, AMBAZHACHALIL HOUSE,
          POTHAMANIKKAD P.O., ERNAKULAM, PIN - 686671


          BY ADV K.C.VINCENT


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN - 695001

    2     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          MUVATTUPUZHA, MUVATTUPUZHA P.O., ERNAKULAM,
          PIN - 686669

    3     THE DEPUTY COLLECTOR (L.R.) ,
          COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030

    4     THE VILLAGE OFFICER,
          VILLAGE OFFICE, VENGOLA P.O.,
          ERNAKULAM,
          PIN - 683536

    5     THE AGRICULTURAL OFFICER,
          KRISHI BHAVAN, VENGOLA, VENGOLA P.O.,
          ERNAKULAM,
          PIN - 683536
 WP(C) NO. 31120 OF 2024
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                                                           2024:KER:77137


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. 31120 OF 2024
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                                                               2024:KER:77137

                         MOHAMMED NIAS C.P., J
                        ==========================
                         W.P(C) No. 31120 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 9.2 Ares of land comprised in Survey No.361/18-2, 361/20 of

Kunnathunadu Taluk, in Vengola Village in Ernakulam District, has

preferred Ext.P3 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 2 nd respondent Revenue Divisional Officer or the officer

authorised under Section 2(XVA) of the Act, within three months from

today. On receipt of the same, the 2 nd respondent Revenue Divisional WP(C) NO. 31120 OF 2024

2024:KER:77137

Officer/authorised officer will consider Ext.P3 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. 31120 OF 2024

2024:KER:77137

APPENDIX OF WP(C) 31120/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 28.06.2022

EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING FILE NO.3016/2024 DATED 18.05.2024

EXHIBIT P3 A TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED ONLINE BEFORE THE 2ND RESPONDENT DATED 31.07.2024

// True Copy // PA To Judge