K. Biju vs The District Collector
2024 Latest Caselaw 27873 Ker

Kerala High Court

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

                                                     2024:KER:70400

               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.28028 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 THAHSILADAR,
          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
 WP(C) NO.28028 OF 2024             :2:

                                                        2024:KER:70400
    6       THE AGRICULTURAL OFFICER,
            CHETTIKULANGARA KRISHI BHAVAN, PERUNGALA, MAVELIKKARA,
            CHETTIKULANGARA P.O, ALAPPUZHA DISTRICT, PIN - 690106

            BY SMT.DEVI SHRI R., 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.28028 OF 2024                            :3:

                                                                                        2024:KER:70400

                                MOHAMMED NIAS C.P., J
                      ............................................................
                                W.P.(C)No.28028 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 10 Ares 75 Sq.Meters of land

comprised in Survey No.297/27-2 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

2024:KER:70400 Officer/authorised officer will consider Ext.P3 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


       RPR/-


                                                       2024:KER:70400

APPENDIX OF WP(C)NO.28028 OF 2024

PETITIONER EXHIBITS

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

KL04061502715/2023 DATED 25-05-2023

EXHIBIT-P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIDE FILE NO. 148/2024 DATED 07-01-2024

EXHIBIT-P3 TRUE COPY OF THE APPLICATION IN FORM 6 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17-04-2024