Francis Mathew vs State Of Kerala
2024 Latest Caselaw 27506 Ker

Kerala High Court

Francis Mathew vs State Of Kerala on 11 September, 2024

                                                       2024:KER:70203
WP(C) NO. 28024/2024

                                   1


                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. 28024 OF 2024

PETITIONER:

            FRANCIS MATHEW, AGED 60 YEARS,
            S/O. AUGUSTHY MATHEW (LATE), ILLICKAL HOUSE,
            PAKALOMATTOM P.O, KURAVILANGAD VILLAGE, KOTTAYAM
            DISTRICT -686633, REPRESENTED BY HIS POWER OF
            ATTORNEY,T R GOPAKUMAR , AGED 54 YEARS, S/O.RAGHAVAN
            NAIR,THOTTATHIL HOUSE, POONJAR.P O ,KOTTAYAM, PIN -
            686581.

            BY ADV. SRI. AVANEESH KOYIKKARA


RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
            695001.

     2      DISTRICT COLLECTOR,
            COLLECTORATE, ERNAKULAM, CIVIL STATION, KAKKANAD
            POST,ERNAKULAM DISTRICT, PIN - 682030.

     3      REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE, FORT KOCHI, KB JACOB RD,
            FORT KOCHI, KOCHI HEAD POST,ERNAKULAM, PIN - 682001.

     4      DEPUTY COLLECTOR ( L A),
            COLLECTORATE, ERNAKULAM, CIVIL STATION, KAKKANAD
            POST,ERNAKULAM DISTRICT, PIN - 682030.
                                                            2024:KER:70203
WP(C) NO. 28024/2024

                                    2


     5      LOCAL LEVEL MONITORING COMMITTEE,
            (REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER)
            KRISHI BHAVAN, NEDUMBASSERY,MEKKAD.P.O, ERNAKULAM, PIN
            - 683589.

     6      AGRICULTURAL OFFICER,
            KRISHI BHAVAN, NEDUMBASSERY, MEKKAD.P.O, ERNAKULAM, PIN
            - 683589.

     7      TAHSILDAR (LR),
            TALUK OFFICE, ALUVA, MINI CIVIL STATION, ALUVA PERIYAR
            NAGAR, ERNAKULAM, PIN - 683101.

     8      VILLAGE OFFICER,
            VILLAGE OFFICE, NEDUMBASSERY , MEKKAD,
            ANGAMALY,ERNAKULAM, PIN - 683589.

            SMT.DEVI SHRI R., GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                               2024:KER:70203
WP(C) NO. 28024/2024

                                      3




                        MOHAMMED NIAS C. P. , J.
                  =====================================
                        W. P. (C) No. 28024 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 39.81 ares of land comprised in Survey Nos. 105/11-2-2, 105/15-8,

105/7 and 105/8-3 of Aluva Taluk, in Nedumbassery Village in Ernakulam

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 6 th respondent

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

Rules to the 3rd respondent Revenue Divisional Officer or the officer

authorised under Section 2(XVA) of the Act, within one month from today.

2024:KER:70203

On receipt of the same, the 3rd respondent Revenue Divisional

Officer/authorised officer will consider Ext.P4 application within one month

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:70203

APPENDIX OF WP(C).NO.28024/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE COPY OF THE TAX RECEIPT DATED 06.02.2024 ISSUED FROM THE NEDUMBASSERY VILLAGE OFFICE

EXHIBIT P2 A COPY OF POSSESSION CERTIFICATE DATED 17.02.2024 ISSUED FROM THE NEDUMBASSERY VILLAGE OFFICE

EXHIBIT P3 A COPY OF THE RELEVANT PAGE OF DATA BANK PUBLISHED ON 24.03.2012

EXHIBIT P4 A COPY OF THE FORM.5 APPLICATION DATED 29.09.2022 SUBMITTED BEFORE THE 3RD RESPONDENT FOR EXCLUDING PETITIONER'S PROPERTY FROM DATA BANK

EXHIBIT P5 A COPY OF THE CHALLAN NO.KL002243234202425E DATED 18.04.2024