Aboobackeer vs Revenue Divisional Officer
2024 Latest Caselaw 28481 Ker

Kerala High Court

Aboobackeer vs Revenue Divisional Officer on 25 September, 2024

WP(C) NO. 29428 OF 2024

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                                                              2024:KER:71395
                  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. 29428 OF 2024


PETITIONER:

              ABOOBACKEER ,
              AGED 78 YEARS
              S/O SAIDU MUHAMMED,KANIYAMPURTH HOUSE,
              EDATHALA P.O, ALUVA EAST VILLAGE, ALUVA TALUK,
              ERNAKULAM DISTRICT, PIN - 683561

              BY ADVS.
              AKHEELA FARZANA
              V.K.SIDHIQUE
              SAJITHA SIDHIK
              ANJALA FARHATH V.S.


RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER,
              FORT KOCHI, ERNAKULAM, PIN - 682001

     2        VILLAGE OFFICER,
              ALUVA EAST VILLAGE, CHOONDY, EDATHALA P.O,
              ALUVA ,ERNAKULAM DISTRICT, PIN - 683561

     3        AGRICULTURAL OFFICER,
              EDATHALA , KRISHIBHAVAN EDATHALA P.O, ALUVA ,
              ERNAKULAM DISTRICT, PIN - 683561

     4        LOCAL LEVEL MONITORING COMMITTEE ,
              REPRESENTED BY ITS CONVENOR/AGRICULTURAL OFFICER,
              KRISHIBHAVAN EDATHALA P.O,ALUVA ,
              ERNAKULAM DISTRICT, PIN - 683561


OTHER PRESENT:

              SMT.DEVI SHRI R., 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. 29428 OF 2024

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                                                           2024:KER:71395
                       MOHAMMED NIAS C.P., J.
                      =========================
                       W.P(C) No. 29428 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 14.10 Ares of land comprised in Survey No.338/1 situated in

Aluva Taluk, in Aluva East 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. Under such circumstances, there will be a direction to the 3 rd

respondent Agricultural Officer to provide sufficient inputs required

under the Act and the Rules to the 1 st 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 1 st respondent

Revenue Divisional Officer/authorised officer will consider Ext.P5 WP(C) NO. 29428 OF 2024

2024:KER:71395 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. 29428 OF 2024

2024:KER:71395

APPENDIX OF WP(C) 29428/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.1142/2000 OF ALUVA SRO

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 18/6/2024

EXHIBIT P3 TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 24/6/2024

EXHIBIT P4 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE DATABANK/ LAND IDENTIFICATION DETAILS

EXHIBIT P5 TRUE PHOTOCOPY OF THE FORM 5 APPLICATIONS DATED 24-06-2024

// True Copy // PA To Judge