Citation : 2024 Latest Caselaw 27480 Ker
Judgement Date : 11 September, 2024
2024:KER:69144
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. 28101 OF 2024
PETITIONER:
C. PURUSHOTHAMAN,
AGED 79 YEARS
S/O. KRISHNAN NAIR (LATE), RESIDING AT CHATHAMBATH
HOUSE-RUGMINI BHAVAN VADAKKE VALAPPIL, PURAMATHILSSERY,
KUMBIDI P.O.,PALAKKAD DISTRICT, PIN - 679553.
BY ADVS.
P.T.DINESH
R.SUDHIR SHENOI
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, OTTAPPALAM, PALAKKAD, PIN -
679101
2 THE SPECIAL TAHSILDAR (LR),
OFFICE OF THE SPECIAL TAHSILDAR (LR) PATTAMBI, MINI
CIVIL STATION, OTTAPPALAM, PALAKKAD DISTRICT, PIN -
679104
3 THE VILLAGE OFFICER,
ANAKKARA VILLAGE, KUMBIDI, PALAKKAD DISTRICT, PIN -
679553
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, ANAKKARA, KUMBIDI, PALAKKAD DISTRICT,
PIN - 679553
5 THE LOCAL LEVEL MONITORING COMMITTEE OF AANAKKARA GRAMA
PANCHAYAT,REPRESENTED BY ITS CONVENER, THE AGRICULTURAL
WP(C) NO.28101 OF 2024 2
2024:KER:69144
OFFICER, KRISHI BHAVAN, ANAKKARA, KUMBIDI,
PALAKKAD DISTRICT, PIN - 679553
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.28101 OF 2024 3
2024:KER:69144
MOHAMMED NIAS C. P. , J.
=====================
W. P. (C) No. 28101 of 2024
=============================
Dated this the 11th day of September, 2024
JUDGMENT
The petitioner, stated to be the absolute owner of the
property having an extent of 44.92 Ares of land comprised in
Survey No.141/2-1 of Block No.099 of Anakkara Village,
Pattambi Taluk, Palakkad District, has preferred Ext.P4
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. Accordingly, there will be a direction to the
4th respondent Agricultural Officer to give sufficient inputs
required under the Act and the Rules to the first respondent
2024:KER:69144
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 first respondent Revenue Divisional
Officer/authorised officer will consider Ext.P4 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 Pvv
2024:KER:69144
APPENDIX OF WP(C) 28101/2024
PETITIONER'S EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE RELEVANT PART OF THE DATA BANK OF ANAKKARA VILLAGE IN PATTAMBI TALUK
EXHIBIT-P2 TRUE COPY OF THE RECEIPT NO.KL09060306759/2023 DATED 29.07.2023 ISSUED BY THE VILLAGE FIELD ASSISTANT, ANAKKARA VILLAGE.
EXHIBIT-P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.08.2023 ISSUED TO THE PETITIONER BY THE ANAKKARA VILLAGE OFFICE
EXHIBIT-P4 TRUE COPY OF THE FORM NO.5 APPLICATION DATED 18.08.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT REVENUE DIVISIONAL OFFICER
EXHIBIT-P5 TRUE COPY OF THE JUDGMENT DATED 05.03.2024 IN W.P(C) NO. 8769/2024
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