Citation : 2024 Latest Caselaw 27478 Ker
Judgement Date : 11 September, 2024
2024:KER:69557
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO.28068 OF 2024
PETITIONER :-
ABDUL SALAM CHOKLI, AGED 64 YEARS
S/O.HASSAN CHOKLI, KUNNUMPARAMBIL HOUSE,
PERUVALLUR, PARAMBIL PEEDIKA.P.O.,
MALAPPURAM DISTRICT, PIN - 676 317
BY ADVS.
U.K.DEVIDAS
S.K.SREELAKSHMY
RESPONDENTS :-
1 REVENUE DIVISIONAL OFFICER, KOZHIKODE,
CIVIL STATION, MALAPARAMBA, KOZHIKODE DISTRICT,
PIN - 673 009
2 AGRICULTURE OFFICER,
KRISHI BHAVAN, KOZHIKODE, PUTHIYARA.P.O.,
KOZHIKODE DISTRICT, PIN - 673 004
3 VILLAGE OFFICER,
NELLIKODE VILLAGE, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, PIN - 673 016
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:69557
WP(C) NO.28068 OF 2024
-: 2 :-
MOHAMMED NIAS C.P., J.
-----------------------------------
W.P.(C) No.28068 of 2024
-----------------------------------------------------------
Dated this the 11th day of September, 2024
JUDGMENT
The petitioner, stated to be the owner of the property
having an extent of 7.9588 Ares of land comprised in Survey
Nos.11/10, 11/11 and 11/46 situated in Kozhikode Taluk, in
Nellikode Village in Kozhikode District, has preferred Exts.P2
and P2(a) applications 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 third respondent Village Officer to provide sufficient inputs
required under the Act and the Rules to the first respondent 2024:KER:69557 WP(C) NO.28068 OF 2024
Revenue Divisional Officer or the officer authorised under
Section 2(XVA) of the Act, within two months from today. On
receipt of the same, the first respondent Revenue Divisional
Officer/authorised officer will consider Exts.P2 and P2(a)
applications 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
Jvt/12.9.2024 2024:KER:69557 WP(C) NO.28068 OF 2024
APPENDIX OF WP(C) 28068/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.04.2024 ISSUED FROM THE VILLAGE OFFICE, NELLIKODE
Exhibit P2 TRUE COPY OF THE APPLICATION NO.30/2024/895528 DATED 08.06.2024 IN FORM NO.5 UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 SUBMITTED BY THE PETITIONER
Exhibit P2(a) TRUE COPY OF THE APPLICATION NO.29/2024/895528 DATED 08.06.2024 IN FORM NO.5 UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 SUBMITTED BY THE PETITIONER
Exhibit P3 TRUE COPY OF THE FEE RECEIPT NO.KL11013607045/2024 DATED 08.06.2024 ISSUED FROM THE NELLIKODE VILLAGE OFFICE
Exhibit P3 (a) TRUE COPY OF THE FEE RECEIPT NO.KL11013607016/2024 DATED 08.06.2024 ISSUED FROM THE NELLIKODE VILLAGE OFFICE
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