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Sariga Shaju vs State Of Kerala
2024 Latest Caselaw 29942 Ker

Citation : 2024 Latest Caselaw 29942 Ker
Judgement Date : 22 October, 2024

Kerala High Court

Sariga Shaju vs State Of Kerala on 22 October, 2024

WP(C) NO. 32700 OF 2024        1             2024:KER:78325

          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. 32700 OF 2024

PETITIONER:

         SARIGA SHAJU, AGED 44 YEARS
         W/O.SHAJU AUGUSTINE,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,
 WP(C) NO. 32700 OF 2024       2             2024:KER:78325

         REVENUE DIVISIONAL OFFICE, FORT KOCHI,
         FORT KOCHI 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 GOVERNMENT PLEADER SMT. DEVI SHRI. R.


     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. 32700 OF 2024             3               2024:KER:78325



                            JUDGMENT

The petitioner, stated to be the owner of the property

having an extent of 44 Ares of land comprised in Re-Survey

No.194/1 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.

On receipt of the same, the fourth respondent Revenue Divisional WP(C) NO. 32700 OF 2024 4 2024:KER:78325

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. 32700 OF 2024 5 2024:KER:78325

APPENDIX OF WP(C) 32700/2024

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 09.04.2022.

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

 
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