Dileep Kumar, vs the District Collector,

Dileep Kumar, vs The District Collector,

Type Court Judgment Court Kerala Decided Jul 31, 2024

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https://sooperkanoon.com/case/1328190

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Citation: sooperkanoon.com/1328190
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Jul 31, 2024
Case Number: WP(C)/24007/2024

Parties & Advocates

Appellant / Petitioner

Dileep Kumar,

Respondent

The District Collector,

Excerpt

............................................... dated this the 31st day of july, 2024judgmentthe petitioners, stated to be the owners of the property having an extent of 7.66 ares of land comprised in re.survey nos.275/13-2 and 275/13-3 in block no.9 of kanayannur taluk, in vazhakkala village in ernakulam district, have 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 properties in the data bank.2. the learned counsel for the petitioners submitsthat no orders have been passed on the statutory application so far. accordingly, there will be a direction to the 4th ..3.. 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 one month from today. on receipt of the same, the 2nd respondent revenue divisional officer/authorised officer will consider ext.p2 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 acr ..4.. appendix of wp(c) 24007/2024 petitioner exhibits exhibit p1 the true copy of the tax receipt dated 31.05.2023 issued in favour of the petitioners exhibit p2 the true copy of the photographs which show the nature and lie of the property has been produced herewith and marked as exhibit p2 series exhibit p3 the true copy of the relevant page of the draft data bank prepared by the 4th exhibit p4 the true copy of the application dated the 2nd respondent exhibit p5 the true copy of the report submitted by the 5th respondent to the 2nd respondent dated 23.07.2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 24007 OF 2024 PETITIONERS: 1 DILEEP KUMAR, AGED 60 YEARS S/A KRISHNAN, MORIKKA MOOLAYIL HOUSE, PADAMUGAL, ERNAKULAM, PIN - 682030 2 SUJINI, AGED 50 YEARS W/O DILEEPKUMAR, MORIKKA MOOLAYIL HOUSE,PADAMUGAL, ERNAKULAM DISTRICT, PIN - 682030 BY ADVS. P.DALBI EMMANUEL JOSMY P. THOMAS RESPONDENTS: 1 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030 2 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, PIN - 682001 3 THE THAHASILDAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682011 4 THE VILLAGE OFFICER, VAZHAKKALA VILLAGE, KAKKANAD, ERNAKULAM, PIN - 5 THE AGRICULTURAL OFFICER, KRISHIBHAVAN, THRIKKAKARA, PIN - 682030 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. MOHAMMED NIAS C.P., J .................................................. .......................................... Dated this the 31st day of July, 2024

JUDGMENT

The petitioners, stated to be the owners of the property having an extent of 7.66 Ares of land comprised in Re.Survey Nos.275/13-2 and 275/13-3 in Block No.9 of Kanayannur Taluk, in Vazhakkala Village in Ernakulam District, have 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 properties in the data bank.

2. The learned counsel for the petitioners submits

that no orders have been passed on the statutory application so far. Accordingly, there will be a direction to the 4th ..3.. 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 one month from today. On receipt of the same, the 2nd respondent Revenue Divisional Officer/authorised officer will consider Ext.P2 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 ACR ..4.. APPENDIX OF WP(C) 24007/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED 31.05.2023 ISSUED IN FAVOUR OF THE PETITIONERS Exhibit P2 THE TRUE COPY OF THE PHOTOGRAPHS WHICH SHOW THE NATURE AND LIE OF THE PROPERTY HAS BEEN PRODUCED HEREWITH AND MARKED AS EXHIBIT P2 SERIES Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK PREPARED BY THE 4TH Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT DATED 23.07.2022

Same Court & Year Kerala · 2024 Same Parties Dileep Kumar, vs The District Collector, Same Judge Honourable Mr.Justice Mohammed Nias C.P.