V.P Prajitha vs Deputy Collector (Rr)
2024 Latest Caselaw 27499 Ker

Kerala High Court

V.P Prajitha vs Deputy Collector (Rr) on 11 September, 2024

                                                             2024:KER:70211
WP(C) NO. 27971/2024

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                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. 27971 OF 2024

PETITIONER:

            V.P PRAJITHA, AGED 43 YEARS,
            W/O. SHAJI,MANNARKKUNNUMMAL HOUSE, MARYKUNNU P.O,
            KOZHIKODE DISTRICT, PIN - 673012.

            BY ADVS. M/S.P.V.ANOOP, PHIJO PRADEESH PHILIP,
            ABIN BENNY, ANJU R S. & K C MOHAMED RASHID


RESPONDENTS:

     1      DEPUTY COLLECTOR (RR),
            KOZHIKODE COLLECTORATE, CIVIL STATION P.O,
            ERANHIPALAM,KOZHIKODE, PIN - 673020.

     2      THE VILLAGE OFFICER,
            CHEVAYOOR VILLAGE, KOZHIKODE, PIN - 673012.

            SMT.PREETHA K.K., SR.GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2024:KER:70211
WP(C) NO. 27971/2024

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                         MOHAMMED NIAS C. P. , J.
                   =====================================
                         W. P. (C) No. 27971 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 3 Ares 0.8 sq.m. of land comprised in Survey Nos. 218/80 and

218/85 Block No.001 of Kozhikode Taluk, in Chevayoor Village in Kozhikode

District, has preferred Ext.P5 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 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 three months from today. On 2024:KER:70211

receipt of the same, the 1st respondent Revenue Divisional

Officer/authorised officer will consider Ext.P5 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 MMG 2024:KER:70211

APPENDIX OF WP(C).NO.27971/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.333/2023 DATED 25.01.2023 OF CHEVAYOOR S.R.O

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX RECEIPT NO.

KL11010608050/2024 DATED 24.06.2024 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE LAND TAX RECEIPT NO.

KL11010609340/2024 DATED 20.07.2024 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.VO-895/2024 ISSUED BY THE 2ND RESPONDENT DATED 22.07.2024

EXHIBIT P5 TRUE COPY OF THE FORM 6 APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.07.2024