Citation : 2024 Latest Caselaw 29903 Ker
Judgement Date : 22 October, 2024
WP(C) NO. 30581 OF 2024 1 2024:KER:78317
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22nd DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 30581 OF 2024
PETITIONER:
HI-TEK GROUP OF INSTITUTIONS, REPRESENTED BY
MANAGING PARTNER, VIJAYKUMAR,
AGED 76 YEARS, S/o CHELLAPPAN NAIR,
MANAGING PARTNER OF HI-TEK GROUP OF INSTITUTIONS,
FLAT 8A KADAVIL COURT, PULLEPPADI CROSS ROAD,
ERNAKULAM NORTH, ERNAKULAM, PIN - 682018
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,CIVIL STATION,
WAYANAD ROAD,ERANHIPPALAM,
KOZHIKODE, PIN - 673020
4 THE AGRICULTURAL OFFICER,
THALAKKULATHUR AGRICULTURAL OFFICE,
WP(C) NO. 30581 OF 2024 2 2024:KER:78317
ANNASSERY, KOZHIKODE, PIN - 673317
5 THE VILLAGE OFFICER,
THALAKKULATHUR VILLAGE OFFICE, MUNDIKKAL THAZHAM
- KASHMIRKUNNU - KOLAYITHAZHAM ROAD, MAYANAD,
KOZHIKODE, PIN - 673008
6 THE DIRECTOR,
KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM,
PIN - 695033
ADDL.R7 THE REVENUE DIVISIONAL OFFICER,
KOZHIKODE REVENUE DIVISIONAL OFFICE,
CIVIL STATION, WAYANAD ROAD,
ERANHIPALAM, KOZHIKODE - 673020
(ADDITIONAL 7TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 22.10.2024 IN I.A.No.1/2024)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30581 OF 2024 3 2024:KER:78317
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 7 Ares 23.16 sq.mtr of land comprised in Survey
Nos.139/58 and 139/57 situated in Kozhikode Taluk, in
Thalakulathur Village in Kozhikode District, has preferred Ext.P3
application under Form 5 of the Kerala Conservation of Paddy Land
and Wetland Act and Rules, 2008, (for short, the Act and the Rules)
seeking deletion of the property from the databank.
2. The learned counsel for the petitioner submits that no
orders have been passed on the statutory application so far.
Under such circumstances, there will be a direction to
the fourth respondent Agricultural Officer to provide sufficient
inputs required under the Act and the Rules to the additional 7 th
respondent Revenue Divisional Officer or the officer authorised
under Section 2(XVA) of the Act, within two months from today. WP(C) NO. 30581 OF 2024 4 2024:KER:78317
On receipt of the same, the additional 7 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
DMR/-
WP(C) NO. 30581 OF 2024 5 2024:KER:78317
APPENDIX OF WP(C) 30581/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 15.06.2024
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DRAFT DATA BANK
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 30.07.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE RECEIPT DATED 29.07.2024 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION
// TRUE COPY //
P.A. TO JUDGE
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