Kerala High Court
Shaju Augustine vs State Of Kerala on 22 October, 2024
WP(C) NO. 32669 OF 2024 1 2024:KER:78336
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. 32669 OF 2024
PETITIONER:
SHAJU AUGUSTINE, AGED 50 YEARS,
S/O P C AUGUSTINE (LATE), PADAYATTIL HOUSE,
KALLUPALAM NAGAR, ANGAMALY POST,
ERNAKULAM, PIN - 683572
BY ADV AVANEESH KOYIKKARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTER, REPRESENTED BY ITS DIRECTOR, 1ST FLOOR,
C BLOCK, VIKAS BHAVAN, NEAR LEGISLATIVE ASSEMBLY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PMG, VIKAS BHAVAN POST, THIRUVANANTHAPURAM,
PIN - 695033
3 DEPUTY COLLECTOR (LA), ERNAKULAM,
COLLECTORATE, CIVIL STATION, KAKKAND
POST,ERNAKULAM, PIN - 682030
4 REVENUE DIVISIONAL OFFICER, FORT KOCHI,
REVENUE DIVISIONAL OFFICE, FORT KOCHI,FORT KOCHI
WP(C) NO. 32669 OF 2024 2 2024:KER:78336
POST, ERNAKULAM, PIN - 682001
5 LOCAL LEVEL MONITORING COMMITTEE,
REPRESENTED BY ITS CONVENER, AGRICULTURAL
OFFICER, ANGAMALY,KRISHI BHAVAN, ANGAMALY,
ANGAMALY POST, ERNAKULAM, PIN - 683572
6 AGRICULTURAL OFFICER, ANGAMALY,
KRISHI BHAVAN, ANGAMALY,ANGAMALY POST,
ERNAKULAM, PIN - 683572
SHRI.VISHNU S CHEMPAZHANTHIYIL,SC, KSREC
BY SR. GOVERNMENT PLEADER SMT. PREETHA K.K.
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. 32669 OF 2024 3 2024:KER:78336
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 75.27 Ares of land comprised in Re-Survey Nos.
192/1-1, 192/1-4, 192/1-5, 192/1-6, 192/1-7 and 192/5-1 situated in
Aluva Taluk, in Angamaly Village in Ernakulam 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 sixth respondent Agricultural Officer to provide sufficient
inputs required under the Act and the Rules to the fourth
respondent Revenue Divisional Officer or the officer authorised
under Section 2(XVA) of the Act, within one month from today.
WP(C) NO. 32669 OF 2024 4 2024:KER:78336
On receipt of the same, the fourth respondent Revenue Divisional
Officer/authorised officer will consider Ext.P3 application within
one month 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. 32669 OF 2024 5 2024:KER:78336
APPENDIX OF WP(C) 32669/2024
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF LAND TAX RECEIPT DATED
03.04.2024 ISSUED BY THE ANGAMALY
VILLAGE OFFICER.
Exhibit P2 A COPY OF THE RELEVANT PAGE OF DATA BANK
ISSUED BY THE 6TH RESPONDENT.
Exhibit P3 A COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT DATED 14.04.2022.
Exhibit P4 A COPY OF THE LETTER DATED 19.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE
6TH RESPONDENT.
Exhibit P5 A COPY OF THE LETTER DATED 30.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT.
// TRUE COPY //
P.A. TO JUDGE
