Lejohn vs The State Of Kerala
2024 Latest Caselaw 29925 Ker

Kerala High Court

Lejohn vs The State Of Kerala on 22 October, 2024

WP(C) NO. 32819 OF 2024          1             2024:KER:78332

          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. 32819 OF 2024

PETITIONER:

         LEJOHN, AGED 43 YEARS,
         S/O ANTONEY, PONTHOKKAN HOUSE, P.O. KATTOOR,
         KATTOOR VILLAGE, MUKUNDAPURAM TALUK,
         THRISSUR DISTRICT, PIN - 680702

         BY ADV RAJESH CHAKYAT


RESPONDENTS:

    1    THE STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETARY,
         REVENUE DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DISTRICT COLLECTOR, THRISSUR,
         COLLECTORATE, AYYANTHOLE, THRISSUR,
         PIN - 680003

    3    THE REVENUE DIVISIONAL OFFICER,
         IRINJALAKUDA, CIVIL STATION, IRINJALAKUDA,
         THRISSUR DISTRICT, PIN - 680125

    4    THE THASILDAR,
         MUKUNDAPURAM TALUK, IRINJALAKUDA,
         CIVIL STATION, IRINJALAKUDA,
         THRISSUR DISTRICT, PIN - 680125
 WP(C) NO. 32819 OF 2024       2             2024:KER:78332


    5    THE VILLAGE OFFICER,
         KATTOOR VILLAGE OFFICE, KATTOOR,
         THRISSUR DISTRICT, PIN - 680702

    6    THE AGRICULTURAL OFFICER,
         AGRICULTURE OFFICE KATTOOR,
         THRISSUR DISTRICT, PIN - 680702

         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. 32819 OF 2024            3               2024:KER:78332



                           JUDGMENT

The petitioner, is stated to be the owner of the property

comprised in Survey Nos.90/5-84 and 90/5-10 of Mukundapuram

Taluk, in Kattoor Village in Thrissur District. He has preferred

Ext.P3 and P4 applications 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 applications so far.

Accordingly, there will be a direction to the fifth

respondent Village Officer to give sufficient inputs required

under the Act and the Rules to the third respondent Revenue

Divisional Officer or the officer authorised under Section 2(XVA)

of the Act, within three months from today. On receipt of the

same, the third respondent Revenue Divisional Officer/authorised WP(C) NO. 32819 OF 2024 4 2024:KER:78332

officer will consider Exts.P3 and P4 applications 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. 32819 OF 2024 5 2024:KER:78332

APPENDIX OF WP(C) 32819/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 30.12.2023 OF PROPERTY IN SURVEY NO.90/5-84 OF KATTOOR VILLAGE

Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 30.12.2023 OF PROPERTY IN SURVEY NO.90/5-10 OF KATTOOR VILLAGE

Exhibit P3 A TRUE COPY OF THE FORM NO 6 APPLICATION PERTAINING TO PROPERTY IN SURVEY NO.90/5-84 OF KATTOOR VILLAGE DATED 29.08.2024

Exhibit P4 A TRUE COPY OF THE FORM NO 6 APPLICATION PERTAINING TO PROPERTY IN SURVEY NO.90/5-10 OF KATTOOR VILLAGE DATED 19.08.2024

// TRUE COPY //

P.A. TO JUDGE