Lovely Jacob vs Revenue Divisional Officer, Fort Kochi
2024 Latest Caselaw 26283 Ker

Kerala High Court

Lovely Jacob vs Revenue Divisional Officer, Fort Kochi on 3 September, 2024

WP(C) NO. 27032 OF 2024

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                                                             2024:KER:66598

                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. 27032 OF 2024

PETITIONER:

            LOVELY JACOB,
            AGED 66 YEARS
            MOTTI BHAVAN, HOUSE NO.9/785, INDIRA JN,
            THOPPUMPADY,ERNAKULAM, KERALA, PIN - 682005


            BY ADV NIKHEL K GOPINATH


RESPONDENTS:

    1       REVENUE DIVISIONAL OFFICER, FORT KOCHI,
            REVENUE DIVISIONAL OFFICE ,FORT KOCHI,
            FIRST FLOOR, KB JACOB ROAD, FORT KOCHI,
            KOCHI, KERALA, PIN - 682001

    2       THE VILLAGE OFFICER, EDAKOCHI,
            EDAKOCHI, VILLAGE OFFICE,
            NEAR PASHINITHODE BRIDGE,
            PALLURUTHY, KOCHI, KERALA, PIN - 682006



OTHER PRESENT:

            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. 27032 OF 2024

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                         MOHAMMED NIAS C.P., J.
                        ==========================
                         W.P(C) No. 27032 of 2024
                        ==========================
                 Dated this the 3rd day of September, 2024


                              JUDGMENT

The petitioners, stated to be the owners of the property having

an extent of 10.11 Ares of land comprised in Survey No.117/2-4 Situated in

Kochi Taluk, in Edakochi Village in Ernakulam District, have preferred an

application 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 as evident by Ext.P4

receipt.

2. The learned Government Pleader on instructions,

submits that the application submitted by the petitioner is pending.

3. Accordingly, there will be a direction to the 2 nd

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 1st respondent Revenue Divisional Officer or the

officer authorised under Section 2(XVA) of the Act, within one month WP(C) NO. 27032 OF 2024

2024:KER:66598

from today. On receipt of the same, the 1 st respondent Revenue Divisional

Officer/authorised officer will consider the application under Form 6

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 WP(C) NO. 27032 OF 2024

2024:KER:66598

APPENDIX OF WP(C) 27032/2024

PETITIONER EXHIBITS :

Exhibit P1 TRUE PHOTOSTAT COPY OF SALE DEED NO.663 OF 1993 DATED 16-02-1993

Exhibit P2 TRUE PHOTOSTAT COPY OF THE TAX RECEIPT WITH TANDAPER NO.495/P ISSUED BY THE VILLAGE OFFICER, EDAKOCHI

Exhibit P3 TRUE PHOTOSTAT COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER FORT KOCHI DATED 03-11-2022

Exhibit P4 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE LAND REVENUE DEPARTMENT DATED 22-12-2022

// True Copy // PA To Judge