Citation : 2024 Latest Caselaw 29640 Ker
Judgement Date : 17 October, 2024
WP(C) NO. 30899 OF 2024
1
2024:KER:77130
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. 30899 OF 2024
PETITIONER:
JIJIN. O.,
AGED 37 YEARS
S/O. RAMESHAN O, MARIGOLD, PANDIYADATHTHAZHAM,
KOTTULI, KOZHIKODE,
PIN - 673016
BY ADVS.
FARHANA K.H.
MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
2 THE DEPUTY COLLECTOR (RR),
COLLECTORATE, CIVIL STATION, WAYANAD ROAD,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
3 THE TAHSILDAR,
KOZHIKODE TALUK OFFICE,WAYANAD ROAD, CIVIL STATION,
ERANHIPPALAM, KOZHIKODE, PIN - 673020
4 THE VILLAGE OFFICER,
KACHERI VILLAGE OFFICE, MINI BYPASS ROAD, EAST HILL,
KOZHIKODE, PIN - 673005
5 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
WAYANAD ROAD, ERANHIPALAM,
KOZHIKODE ( IS IMPLEADED AS PER ORDER DATED 17.10.2024
IN I.A. NO. 1 OF 2024 )
WP(C) NO. 30899 OF 2024
2
2024:KER:77130
OTHER PRESENT:
SMT.PREETHA K.K., SR.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. 30899 OF 2024
3
2024:KER:77130
MOHAMMED NIAS C.P., J
==========================
W.P(C) No. 30899 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 2 Ares 79.6 sq.mtr of land comprised in Survey No.1212/9 of
Kozhikode Taluk, in Kachery Village in Kozhikode 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 additional 5 th 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 additional 5 th respondent Revenue
Divisional Officer/authorised officer will consider Ext.P3 application within WP(C) NO. 30899 OF 2024
2024:KER:77130 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. 30899 OF 2024
2024:KER:77130 APPENDIX OF WP(C) 30899/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 17.07.2024
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 27.04.2021 ISSUED BY THE AGRICULTURAL FIELD OFFICER, KOZHIKODE
EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 08.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 08.06.2024
// True Copy // PA To Judge
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