Mathew. T. M vs The District Collector
2024 Latest Caselaw 25839 Ker

Kerala High Court

Mathew. T. M vs The District Collector on 30 September, 2024

WP(C) NO. 33474 OF 2024

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                                                               2024:KER:72672
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                      THE HONOURABLE MR. JUSTICE P.M.MANOJ

         MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                              WP(C) NO. 33474 OF 2024


PETITIONER:

               MATHEW. T. M.
               AGED 62 YEARS
               S/O. P. I. MATHEW KUTTY, THYPARAMBIL VEEDU, MEETHALAKARA,
               THIRUVALLA, PATHANAMTHITTA, PIN - 689105


               BY ADVS.
               FARHANA K.H.
               MUHASIN K.M.




RESPONDENTS:

     1         THE DISTRICT COLLECTOR
               SECOND FLOOR, COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA, PIN
               - 689645

     2         THE SUB COLLECTOR/REVENUE DIVISIONAL OFFICER
               THIRUVALLA REVENUE DIVISIONAL OFFICE, PALIKARA ROAD,
               THIRUVALLA, PATHANAMTHITTA, PIN - 689101

     3         THE TAHSILDAR
               THIRUVALLA TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA, PIN -
               689101

     4         THE VILLAGE OFFICER
               ERAVIPEROOR VILLAGE OFFICE, VALLAMKULAM, ERAVIPEROOR,
               THIRUVALLA, PATHANAMTHITTA, PIN - 689541

               SRI.RIYAL DEVASSY - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33474 OF 2024

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                                                            2024:KER:72672
                             JUDGMENT

This writ petition is filed by the petitioner being aggrieved

by the non consideration of Ext.P3 application in Form-6 preferred

by him before the 2nd respondent.

2. The petitioner stated to be the owner of the

property having an extent of 8.20 Ares of land comprised in Survey

No.75/9 Situated in Thiruvalla Taluk, in Eraviperoor Village in

Pathanamthitta District, has preferred Ext.P3 application under

Form 6 of the Kerala Conservation of Paddy Land and Wetland Act

and Rules, 2008, (for short, the Act and the Rules). It is stated that

the petitioner's property is recorded as 'Nilam' in revenue records

and is included in the data bank. In such circumstances, the

petitioner has preferred Ext.P3 application in Form-6. Now the writ

petitioner seeks for an expeditious disposal of the same within a

time frame to be fixed by this Court.

3. I have heard Smt.Farhana K.H, learned counsel

for the petitioner and Sri.Riyal Devassy, learned Government

Pleader for the respondents.

Considering the limited nature of the prayer, there will be a

direction to the 4th respondent - Village Officer to forward a report

to the 2nd respondent - Sub Collector/RDO with respect to the WP(C) NO. 33474 OF 2024

2024:KER:72672 property in question within a period of one month from the date of

receipt of a copy of the judgment and on receipt of such report, the

2nd respondent - Sub Collector/RDO shall consider and pass

appropriate orders within a further period of two months

thereafter.

Accordingly, this writ petition is disposed of.

Sd/-

P.M.MANOJ JUDGE rp WP(C) NO. 33474 OF 2024

2024:KER:72672 APPENDIX OF WP(C) 33474/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 27.12.2023

Exhibit P2 TRUE COPY OF THE ORDER DATED 02.05.2024 FILE NO.

531/2024 ISSUED BY SUB COLLECTOR/ REVENUE DIVISIONAL OFFICER, THIRUVALLA

Exhibit P3 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 26.07.2024 ALONG WITH SURVEY SKETCH

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 26.07.2024