Kerala High Court
Arunghosh. M vs The District Collector on 22 October, 2024
WP(C) NO. 32668 OF 2024 1 2024:KER:78337
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. 32668 OF 2024
PETITIONERS:
1 ARUNGHOSH. M., AGED 45 YEARS,
S/O. MURALEEDHARAGHOSH, HARITHAM HOUSE,
KOZHIKKADANPADI, VADAKKUMBHAGAM, KANJOOR,
ERNAKULAM DISTRICT, PIN - 683575
2 MANJU. R., AGED 42 YEARS
W/O. ARUNGHOSH, HARITHAM HOUSE, KOZHIKKADANPADI,
VADAKKUMBHAGAM, KANJOOR, ERNAKULAM DISTRICT,
PIN - 683575
BY ADV BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, ERNAKULAM,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER,
ERNAKULAM REVENUE DIVISIONAL OFFICE,
K B JACOB ROAD, FORT KOCHI, ERNAKULAM DISTRICT,
PIN - 682001
3 THE DEPUTY COLLECTOR (LA),
COLLECTORATE, CIVIL STATION ERNAKULAM,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
WP(C) NO. 32668 OF 2024 2 2024:KER:78337
4 THE THAHSILDAR,
ALUVA TALUK OFFICE, MINI CIVIL STATION,
PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT,
PIN - 683101
5 THE VILLAGE OFFICER,
VADAKKUMBHAGOM VILLAGE OFFICE, KANJOOR P.O,
ERNAKULAM DISTRICT, PIN - 683575
6 THE AGRICULTURAL OFFICER,
PUTHIYEDAM KRISHI BHAVAN, PUTHIYEDAM,
KANJOOR P.O, ERNAKULAM DISTRICT, PIN - 683575
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. 32668 OF 2024 3 2024:KER:78337
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 13 Ares 15.5 sq.Meters of land comprised in
Survey Nos. 175/11-2-2, 175/11-2-7, 175/11-3-4, 175/11-4 situated in
Aluva Taluk, in Vadakkumbhagom 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 second
respondent Revenue Divisional Officer or the officer authorised
under Section 2(XVA) of the Act, within two months from today.
WP(C) NO. 32668 OF 2024 4 2024:KER:78337
On receipt of the same, the second 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. 32668 OF 2024 5 2024:KER:78337
APPENDIX OF WP(C) 32668/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.
KL07040401464/2024 FOR THE PERIOD OF
2024-2025 DATED 01.05.2024
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PUBLISHED DATA BANK OF KANJOOR GRAMA
PANCHAYAT BEARING NO. 70452/RD3/2012
DATED 23.02.2012
Exhibit-P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONERS BEFORE THE
2ND RESPONDENT DATED 14.06.2024
// TRUE COPY //
P.A. TO JUDGE
