K. Biju vs The District Collector
2024 Latest Caselaw 27866 Ker

Kerala High Court

K. Biju vs The District Collector on 13 September, 2024

                                                     2024:KER:70402

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                        WP(C) NO.28085 OF 2024

PETITIONERS:

    1     K. BIJU,
          AGED 49 YEARS
          S/O. KRISHNAN PILLA, PUNARTHAM VEETTIL, PERUNGALA
          P.O.,KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690559

    2     K. BINU,
          AGED 47 YEARS
          S/O. KRISHNAN PILLA, PUNARTHAM VEETTIL, PERUNGALA
          P.O.,KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690559

          BY ADV BINIYAMIN K.S.
RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          CIVIL STATION, ALAPPUZHA P.O, ALAPPUZHA DISTRICT,
          PIN - 688001

    2     THE REVENUE DIVISIONAL OFFICER,
          CHENGANNUR REVENUE DIVISIONAL OFFICE, CHENGANNUR
          P.O,ALAPPUZHA DISTRICT, PIN - 689121

    3     THE DEPUTY COLLECTOR (RR),
          CIVIL STATION, ALAPPUZHA P.O, ALAPPUZHA DISTRICT,
          PIN - 688001

    4     THE THAHSILDAR,
          MAVELIKKARA TALUK OFFICE, MAVELIKKARA P.O, ALAPPUZHA
          DISTRICT, PIN - 690101

    5     THE VILLAGE OFFICER,
          PERUNGALA VILLAGE OFFICE, EREZHA THEKKU, MAVELIKKARA,
          CHETTIKULANGARA P.O, ALAPPUZHA DISTRICT, PIN - 690106

    6     THE AGRICULTURAL OFFICER,
 WP(C) NO. 28085 OF 2024
                                  2

                                                        2024:KER:70402
            CHETTIKULANGARA KRISHI BHAVAN, PERUNGALA, MAVELIKKARA,
            CHETTIKULANGARA P.O, ALAPPUZHA DISTRICT, PIN - 690106

            SMT.PREETHA K.K., SR.GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28085 OF 2024
                                             3

                                                                                 2024:KER:70402
                            MOHAMMED NIAS C.P., J
                       ...................................................
                            W.P(C) No.28085 of 2024
                   ...........................................................
                     Dated this the 13th day of September, 2024


                                   JUDGMENT

The petitioners, stated to be the owners of the property

having an extent of 9 Ares 11 Sq.Meters of land comprised in

Survey No.297/25-3 in Mavelikkara Taluk, in Perungala Village

in Alapuzha 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 petitioners 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 two months 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.

WP(C) NO. 28085 OF 2024

2024:KER:70402 The writ petition is disposed of as above.

Sd/-

                                          MOHAMMED NIAS        C.P.
                                                 JUDGE


RPR/-
 WP(C) NO. 28085 OF 2024


                                                         2024:KER:70402

APPENDIX OF WP(C)NO.28085 OF 2024

PETITIONER'S EXHIBITS

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

KL04061501475/2024 DATED 07.04.2024

EXHIBIT-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF CHETTIKULANGARA GRAMA PANCHAYAT BEARING NO. C.2-853/21 DATED 02.02.2021

EXHIBIT-P3 TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18.04.2024