Citation : 2024 Latest Caselaw 28477 Ker
Judgement Date : 25 September, 2024
2024:KER:71437
WP(C).NO.29347/2024
1
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. 29347 OF 2024
PETITIONER:
JOSEPH P.P, AGED 64 YEARS,S/O.PAULO, POOVELY HOUSE,
NAYATHODE P.O., ANGAMALY, PIN - 683572.
BY ADV. SRI.P.M.ARUN DAS
RESPONDENTS:
1 THE VILLAGE OFFICER,ANGAMALY VILLAGE OFFICE, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572.
2 THE SECRETARY,ANGAMALY MUNCIPALITY OFFICE, ANGAMALY,
ERNAKULAM DISTRICT, PIN - 683572.
3 THE CONVENER /AGRICULTURAL OFFICER,
LOCAL LEVEL MONITORING COMMITTEE OFFICE, ANGAMALY
MUNCIPALITY OFFICE, ANGAMALY, ERNAKULAM DISTRICT, PIN -
683572.
4 THE AGRICULTURAL OFFICER,ANGAMALY KRISHIBHAVAN,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572.
5 THE REVENUE DIVISIONAL OFFICER,REVENUE DIVISION OFFICE,
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001.
6 THE DIRECTOR,KERALA STATE REMOTE SENSING & ENVIRONMENT
CENTRE, C BLOCK, VIKAS BHAVAN, THIRUVANATHAPURAM, PIN -
695033.
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:
2024:KER:71437
WP(C).NO.29347/2024
2
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 29347 of 2024
=====================================
Dated this the 25th day of September, 2024
JUDGMENT
The petitioner, stated to be the owner of the property having an extent of
08.44 ares of land comprised in Survey Nos. 244/2-2 and 244/2-3, Block No. 12 of
Aluva Taluk, in Angamaly Village in Ernakulam District, has preferred Ext.P5
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. Accordingly, there will be a direction to the 4th respondent
Agricultural Officer to give sufficient inputs required under the Act and the Rules
to the 5th 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 5th respondent Revenue Divisional Officer/authorised officer will consider 2024:KER:71437
Ext.P5 application within one month 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 MMG 2024:KER:71437
APPENDIX OF WP(C).NO.29347/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT FROM THE ANGAMALY, VILLAGE OFFICE DATED 20/05/2024
EXHIBIT P2 THE TRUE COPY OF THE SALE DEED HAVING NO.1991/1/2017 DATED 04/08/2017 OF ANGAMALY SUB REGISTER OFFICE
EXHIBIT P3 THE TRUE COPY OF THE SALE DEED HAVING NO.
2398/1/2017 DATED 10/10/2017 OF ANGAMALY SUB REGISTER OFFICE
EXHIBIT P4 THE COPY OF THE RELEVANT PAGES OF THE DATA BANK ISSUED FROM KRISHI BHAVAN, ANGAMALY DATED 09/05/2018
EXHIBIT P5 THE COPY OF THE FORM.5 APPLICATION HAVING NO.
14/2023/945727 DATED 23/05/2023 FOR THARAM MATTAL WET LAND
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