Alice K.M vs The District Collector
2024 Latest Caselaw 27879 Ker

Kerala High Court

Alice K.M vs The District Collector on 13 September, 2024

                                                        2024:KER:70216
WP(C) NO. 28037 OF 2024             1
                 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. 28037 OF 2024

PETITIONER:

              ALICE K.M,
              AGED 47 YEARS
              S/O. KADER MOIDEEN M, GEORGIA ESTATE, KRISHNAGIRI P.O,
              KRISHNAGIRI, MEENANGADI, WAYANAD, PIN - 673591.


              BY ADVS.
              FARHANA K.H.
              MUHASIN K.M.




RESPONDENT/S:

      1       THE DISTRICT COLLECTOR,
              COLLECTORATE, NORTH KALPETTA P.O., WAYANAD,
              PIN - 673020.

      2       THE REVENUE DIVISIONAL OFFICER/DEPUTY COLLECTOR (RR),
              MANANTHAVADY, REVENUE DIVISIONAL OFFICE, MALAYORA
              HIGHWAY, MANANTHAVADY, WAYANNAD, PIN - 670645.

      3       THE TAHSILDAR,
              SULTHANBATHERI TALUK OFFICE, PULPALLY - SULTAN BATHERY
              HWY, SULTAN BATHERY, WAYANAD, PIN - 673592.

      4       THE VILLAGE OFFICER,
              SULTHANBATHERI VILLAGE OFFICE, BANGALORE-CALICUT
              HIGHWAY, SULTAN BATHERY, WAYANAD, PIN - 673592.

              SMT.PREETHA K.K., SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:70216
WP(C) NO. 28037 OF 2024               2

                                  JUDGMENT

The petitioner, stated to be the owner of the property having an

extent of 21.77 Ares of land comprised in Survey No.522/4 of

Sulthanbathery Taluk, in Sulthanbathery Village in Wayanad District,

has preferred Ext.P4 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.

Accordingly, there will be a direction to the 4th 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.P4 application within three

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 Sru 2024:KER:70216

APPENDIX OF WP(C) 28037/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 16.03.2024

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER, SULTHAN BATHERY NUMBERED KBSBY15/2022-23 DATED 17.10.2022 ALONG WITH TYPED LEGIBLE COPY

Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM 6 DATED 24.05.2024

Exhibit P5 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 27.05.2024