Alban Aruja vs The District Collector, Collectorate
2024 Latest Caselaw 26597 Ker

Kerala High Court

Alban Aruja vs The District Collector, Collectorate on 5 September, 2024

                                                             2024:KER:67394

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                        WP(C) NO. 27223 OF 2024

PETITIONER:

          ALBAN ARUJA,
          AGED 57 YEARS, S/O. JOSEPH ARUJA,
          ALPHA COTTAGE, SRM ROAD, JANATHA COLONY,
          PACHALAM, ERNAKULAM DISTRICT, PIN - 682012

          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, KB JACOB ROAD,
          FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001

    3     THE DEPUTY COLLECTOR (RR),
          COLLECTORATE, CIVIL STATION ERNAKULAM,
          KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030

    4     THE THAHSILDAR,
          KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
          MARINE DRIVE, ERNAKULAM DISTRICT, PIN - 682011

    5     THE VILLAGE OFFICER,
          CHERANALLOOR VILLAGE OFFICE, CHITTOOR ROAD,
          ERNAKULAM DISTRICT, PIN - 682027

    6     THE AGRICULTURAL OFFICER,
          AGRICULTURAL OFFICE, KOCHI CORPORATION,
          ERNAKULAM DISTRICT, PIN - 682019
 WP(C) NO.27223 OF 2024                2




                                                            2024:KER:67394




             BY SMT.PREETHA K.K., SENIOR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024,      THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.27223 OF 2024                      3




                                                                        2024:KER:67394


                         MOHAMMED NIAS C.P., J.
                   ==========================
                         W.P(C) No. 27223 of 2024
                   ==========================
                  Dated this the 5th day of September, 2024


                                 JUDGMENT

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

extent of 1.62 Ares of land comprised in Survey No.1130/4-12 of

Kanayannur Taluk, in Cheranelloor Village in Ernakulam 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) seeking change of user of the property in the data bank.

2. The learned counsel for the petitioner submits that no orders

have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 5th respondent

Village Officer to give sufficient inputs required under the Act and the

Rules to the 2nd 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 2nd 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 DCS

2024:KER:67394

APPENDIX OF WP(C) 27223/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE TAX RECEIPT BEARING NO.

KL07022110373/2023 DATED 22.06.2023

EXHIBIT-P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE ORDER NO.K12/4642/22 DATED 09.09.2022

EXHIBIT-P3 TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 07.11.2023

EXHIBIT-P4 TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS G.O(MS).NO.140/2024/RD DATED 27.06.2024