Eldhose K.P vs The District Collector
2024 Latest Caselaw 28473 Ker

Kerala High Court

Eldhose K.P vs The District Collector on 25 September, 2024

WP(C) NO. 29475 OF 2024

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                                                       2024:KER:71403


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                       WP(C) NO. 29475 OF 2024

PETITIONERS:

    1     ELDHOSE K.P,
          AGED 53 YEARS
          S/O. PAULOSE, KARIKKUDY, THURUTHY P.O,
          VENGOOR WEST, ERNAKULAM DISTRICT, PIN - 683545

    2     MANJU PAUL,
          AGED 46 YEARS
          W/O. ELDHOSE K.P, KARIKKUDY, THURUTHY P.O,
          VENGOOR WEST, ERNAKULAM DISTRICT, PIN - 683545


          BY ADV BINIYAMIN K.S.


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION ERNAKULAM,
          KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER,
          MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, MINI CIVIL
          STATION, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM
          DISTRICT, PIN - 686669

    3     THE DEPUTY COLLECTOR (LR),
          COLLECTORATE, CIVIL STATION ERNAKULAM,
          KAKKANAD,ERNAKULAM DISTRICT, PIN - 682030

    4     THE THAHSILDAR,
          KUNNATHUNADU TALUK OFFICE, POOPPANI ROAD,
          KUNNATHUNANDU P.O,
          ERNAKULAM DISTRICT, PIN - 683543
 WP(C) NO. 29475 OF 2024

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                                                      2024:KER:71403
    5       THE VILLAGE OFFICER,
            VENGOOR WEST VILLAGE OFFICE, THURUTHY P.O, ERNAKULAM
            DISTRICT, PIN - 683545

    6       THE AGRICULTURAL OFFICER,
            MUDAKKUZHA KRISHI BHAVAN, MUDAKKUZHA, THURUTHY P.O,
            ERNAKULAM DISTRICT, PIN - 683545



OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29475 OF 2024

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                                                           2024:KER:71403



                      MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 29475 of 2024
                      =========================
              Dated this the 25th day of September, 2024


                             JUDGMENT

The petitioners, stated to be the owners of the property having

an extent of 15.40 Ares of land comprised in Survey No.256/3 situated in

Kunnathunadu Taluk, in vengoor West Village in Ernakulam District, has

preferred Ext.P3 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 petitioners submit that no orders

have been passed on the statutory application so far.

3. Under such circumstances, there will be a direction to the 6 th

respondent Agricultural Officer to provide sufficient inputs required

under the Act and the Rules to the 2 nd respondent Revenue Divisional

Officer or the officer authorised under Section 2(XVA) of the Act, within

one month from today. On receipt of the same, the 2 nd respondent

Revenue Divisional Officer/authorised officer will consider Ext.P3 WP(C) NO. 29475 OF 2024

2024:KER:71403 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

LU WP(C) NO. 29475 OF 2024

2024:KER:71403

APPENDIX OF WP(C) 29475/2024

PETITIONER EXHIBITS

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

KL07052107802/2023 FOR THE PERIOD OF 2023- 2024 DATED 29.09.2023

EXHIBIT-P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE PUBLISHED DATA BANK OF MUDAKKUZHA GRAMA PANCHAYAT BEARING NO. A2-628/2012 DATED 16- 03-2012

EXHIBIT-P3 TRUE COPY OF THE FORM 5 APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.09.2023

EXHIBIT-P4 TRUE COPY OF THE KSREC REPORT BEARING NO. A-

172/2015/KSREC/004077/24 DATED 26-03-2024

EXHIBIT-P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER NUMBERED AS G.O(MS). NO.

                        140/2024/RD DATED 27/06/2024




             //       TRUE COPY   //       P A TO JUDGE