Shyla Sadanandan vs The District Collector
2024 Latest Caselaw 29651 Ker

Kerala High Court

Shyla Sadanandan vs The District Collector on 17 October, 2024

                                                              2024:KER:78094
WP(C).NO.31357/2024

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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. 31357 OF 2024

PETITIONER:
           SHYLA SADANANDAN, AGED 61 YEARS,
           W/O SADANANDAN, PARAYKKAL, UC COLLEGE,KADUPADAM,
           ERNAKULAM, PIN - 683101.
           BY ADVS.M/S. FARHANA K.H. & MUHASIN K.M.


RESPONDENTS:

     1      THE DISTRICT COLLECTOR,DISTRICT COLLECTORATE FIRST
            FLOOR, CIVIL STATION,KAKKANAD,ERNAKULAM,PIN 682030.

     2      THE DEPUTY COLLECTOR (LA),COLLECTORATE, CIVIL STATION,
            KAKKANAD, ERNAKULAM, PIN - 682030.

     3      THE TAHSILDAR,
            ALUVA TALUK OFFICE, FIRST FLOOR, MINI CIVIL STATION,
            PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101.

     4      THE VILLAGE OFFICER,
            NEDUMBASSERY VILLAGE OFFICE, MEKKAD, NEDUMBASSERY,
            ANGAMALY, ERNAKULAM, PIN - 683589.

 *ADDL. 5 THE REVENUE DIVISIONAL OFFICER,
          FORTKOCHI REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
          FORTKOCHI, ERNAKULAM-682001.
          * IMPLEADED AS PER ORDER 17.10.2024 IN I.A.NO.1/2024

            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:
                                                                2024:KER:78094
WP(C).NO.31357/2024

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                         MOHAMMED NIAS C. P. , J.
                   =====================================
                         W. P. (C) No. 31357 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 2.83 Ares of land comprised in Survey Nos. 357/11-2-2-2-2 (39

sq.m.) and 357/12-2-3 (2.44 ares) of Aluva Taluk, in Nedumbassery 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 4 th respondent

Village Officer to give sufficient inputs required under the Act and the Rules

to the additional 5th respondent Revenue Divisional Officer or the officer 2024:KER:78094

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 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 MMG 2024:KER:78094

APPENDIX OF WP(C).NO.31357/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 01.07.2023

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 09.06.2024 ISSUED BY THE SUB COLLECTOR, FORTKOCHI

EXHIBIT P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 10.06.2024

EXHIBIT P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 14.06.2024