Jose vs The State Of Kerala
2024 Latest Caselaw 27882 Ker

Kerala High Court

Jose vs The State Of Kerala on 13 September, 2024

WP(C) NO. 28769 OF 2024
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                                                        2024:KER:70405
             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

                     W.P.(C) NO. 28769 OF 2024

PETITIONERS:
           JOSE,
           AGED 71 YEARS
           S/O LONAPPAN, KULIYADAN HOUSE, VADAKKUMKARA VILLAGE,
           VELLANGALLUR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
           PIN - 680662

          BY ADV RAJESH CHAKYAT


RESPONDENTS:
     1     THE STATE OF KERALA,
           REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
           DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001

    2     THE DISTRICT COLLECTOR, THRISSUR,
          COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003

    3     THE REVENUE DIVISIONAL OFFICER,
          IRINJALAKUDA, CIVIL STATION, IRINJALAKUDA, THRISSUR
          DISTRICT, PIN - 680125

    4     THE THASILDAR,
          MUKUNDAPURAM TALUK, CIVIL STATION, IRINJALAKUDA
          THRISSUR DISTRICT, PIN - 680121

    5     THE VILLAGE OFFICER,
          VADAKKUMKARA VILLAGE, VELLANGALLUR, THRISSUR DISTRICT,
          PIN - 680662

    6     THE AGRICULTURAL OFFICER,
          VELLANGALLUR KRISHI BHAVAN, THRISSUR DISTRICT, PIN -
          680662

          SMT.PREETHA K.K., SR.GP
 WP(C) NO. 28769 OF 2024
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                                                             2024:KER:70405
     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28769 OF 2024
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                                                                                 2024:KER:70405
                            MOHAMMED NIAS C.P., J.
                      ......................................................
                            W.P(C) No. 28769 of 2024
                   .............................................................
                  Dated this the 13th day of September, 2024


                                   JUDGMENT

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

an extent of 9 Ares 31 Sq.Meters of land comprised in Survey

Nos.147/PT-11 & 147/PT14 situated in Mukundapuram Taluk, in

Vadakkumkara Village in Thrissur District, has preferred Ext.P2

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. Under such circumstances, there will be a direction to

the 6th respondent Agricultural Officer to provide 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 two months from today.

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

Officer/authorised officer will consider Ext.P2 application within

two months thereafter and pass orders strictly in terms of the

Act and the Rules.

WP(C) NO. 28769 OF 2024

2024:KER:70405 The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE RPR/-

WP(C) NO. 28769 OF 2024

2024:KER:70405 APPENDIX OF WP(C)NO.28769/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 09.07.2024 OF PROPERTY IN SURVEY NO.147/PT- 11, 147/PT-14 OF VADAKKUMKARA VILLAGE

EXHIBIT P2 A TRUE COPY OF THE FORM NO 5 APPLICATION PERTAINING TO PROPERTY IN SURVEY NO.147/PT- 11, 147/PT-14 OF VADAKKUMKARA VILLAGE DATED 24.07.2024