Arun Hari vs The Revenue Divisional Officer
2024 Latest Caselaw 29922 Ker

Kerala High Court

Arun Hari vs The Revenue Divisional Officer on 22 October, 2024

WP(C) NO. 32617 OF 2024        1             2024:KER:78331

          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. 32617 OF 2024

PETITIONER:

         ARUN HARI, AGED 54 YEARS,
         THIRUVONAM, L N MENON LANE, VADAKKEKOTTA,
         THRIPPUNITHURAPOST, ERNAKULAM, PIN - 682301


         BY ADVS. VINOD VALLIKAPPAN
         S.SUMITHA
         NAVAMI V.K.
         SREELAKSHMI G.


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, FORT KOCHI POST,
         ERNAKULAM, KOCHI, PIN - 682001

    2    THE VILLAGE OFFICER,
         KAKKANAD VILLAGE, ERNAKULUM, PIN - 682033

    3    THE AGRICULTURAL OFFICER,
         THRIKKAKARA KRISHI BHAVAN, KAKKANAD,
         PIN - 682033

    4    THRIKKAKARA MUNICIPALITY,
         REPRESENTED BY ITS SECRETARY,KAKKANAD,
         ERNAKULAM, PIN - 682030
 WP(C) NO. 32617 OF 2024       2             2024:KER:78331


    5    THE DEPUTY COLLECTOR,
         COLLECTORATE,CIVIL STATION,KAKKANAD,ERNAKULAM,
         PIN - 682030

         SHRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
         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. 32617 OF 2024             3               2024:KER:78331



                            JUDGMENT

The petitioner, stated to be the owner of the property

having an extent of 85.75 Ares of land comprised in Re-Survey

No.271/4 situated in Kanayannur Taluk, in Kakkanad Village in

Ernakulam District, has preferred Ext.P4 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 third respondent Agricultural Officer to provide sufficient

inputs required under the Act and the Rules to the first

respondent Revenue Divisional Officer or the officer authorised

under Section 2(XVA) of the Act, within one month from today.

On receipt of the same, the first respondent Revenue Divisional WP(C) NO. 32617 OF 2024 4 2024:KER:78331

Officer/authorised officer will consider Ext.P4 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. 32617 OF 2024 5 2024:KER:78331

APPENDIX OF WP(C) 32617/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 20-04-2024

Exhibit P2 THE TRUE COPY OF THE DATA BANK WHICH WAS FINALIZED AND PUBLISHED ON 03-02-2021 VIDE GO NO.553 IN THE GAZETTE BY THE 3RD RESPONDENT

Exhibit P3 A TRUE COPY OF THE APPLICATION UNDER SECTION 5 ( 4 ) OF ACT 28 OF 2008 IN FORM 7 OF THE KERALA PADDY AND WETLAND ACT DATED 28-01-2020 ALONG WITH THE RECEIPT ACKNOWLEDGING

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 07-10-2023 IN FORM 5 ONLINE

Exhibit P5 TRUE COPY OF HIS REPRESENTATION 02-02-2023 SENT TO THE 1ST RESPONDENT

// TRUE COPY //

P.A. TO JUDGE