Appu vs The State Of Kerala
2024 Latest Caselaw 26206 Ker

Kerala High Court

Appu vs The State Of Kerala on 3 September, 2024

                                                             2024:KER:66457

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                        WP(C) NO. 18276 OF 2024

PETITIONER:

          APPU,
          AGED 40 YEARS, S/O.NADHAN,
          KUMBALAPARAMBIL HOUSE, P.O. EDATHIRUTHI,
          EDATHIRUTHY VILLAGE, KODUNGALLUR TALUK,
          THRISSUR DISTRICT, PIN - 680703

          BY ADV RAJESH CHAKYAT


RESPONDENTS:

    1     THE STATE OF KERALA,
          REP 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,
          KODUNGALLUR TALUK, KODUNGALLUR,
          THRISSUR DISTRICT, PIN - 680664

    5     THE VILLAGE OFFICER,
          EDATHIRUTHY VILLAGE,
          THRISSUR DISTRICT, PIN - 680703
 WP(C) NO.18276 OF 2024                2




                                                            2024:KER:66457


     6      THE AGRICULTURAL OFFICER,
            AGRICULTURE OFFICE EDATHIRUTHY,
            THRISSUR DISTRICT, PIN - 680703


            SMT. DEVI SHRI R - GP


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024,      THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.18276 OF 2024              3




                                                             2024:KER:66457


                        MOHAMMED NIAS C.P., J.
                       ==========================
                        W.P(C) No. 18276 of 2024
                       ==========================
                Dated this the 3rd day of September, 2024


                             JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 67.99 Ares of land comprised in Survey No.170/2 and 177/1-68

situated in Kodungallur Taluk, in Edathiruthy Village in Thrissur

District, has preferred Ext.P2 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.

3. Under such circumstances, there will be a direction to the

6th respondent Agricultural Officer to provide sufficient inputs required

under the Act and the Rules to the 3 rd 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 3 rd

2024:KER:66457

respondent Revenue Divisional Officer/authorised officer will consider

Ext.P2 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 LU

2024:KER:66457

APPENDIX OF WP(C) 18276/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 11.04.2023 OF PROPERTY IN SURVEY NO.

170/2,177/1-68 OF EDATHIRUTHY VILLAGE

EXHIBIT P2 A TRUE COPY OF THE FORM NO 5 APPLICATION PERTAINING TO PROPERTY IN SURVEY NO. 170/2,177/1-68 OF EDATHIRUTHY VILLAGE DATED 15.02.2024 AND ITS RECEIPT

// True Copy // PA To Judge