Disposed

Philo Jolly, v. the District Collector

Kerala HC4 Jul 2024WP(C)/19921/2024

Case brief

AI extract

What is this about?

The court directed the 4th respondent (Village Officer) to provide necessary inputs under the Act and Rules to the 2nd respondent (Revenue Divisional Officer), who must consider the deletion application within two months.

What did the court decide?

Direction to the Village Officer to provide inputs and the Revenue Divisional Officer to consider the applications within specified timelines.

Philo Jolly, Vs the District Collector — Land Acquisition | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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THURSDAY, THE 4TH DAY OF JULY 2024 / 13TH ASHADHA, 1946

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WP(C) NO. 19921 OF 2024

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PETITIONER/S:

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PHILO JOLLY,
AGED 58 YEARS
W/O BABY JOLLY,POONOOLY, KALADY, PIN - 683574
BY ADV V.GANGADHARAN

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, COLLECT ORATE, 1ST FLOOR,KAKKANAD, ERNAKULAM, PIN - 682030

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2 THE REVENUE DIVISIONAL OFFICER, X69V + 2HV,FIRST FLOOR, K.B JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001

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3 THE TAHSILDAR, ALUVA TALUK OFFICE, GROUND FLOOR, MINI CIVIL STATION, ALUVA, ERNAKULUM DISTRICT, PIN - 683101

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4 THE VILLAGE OFFICER, KALADY, EMAKULUM DISTRICT, PIN - 683574

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5 THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KALADY.P.O, ERNAKULAM DISTRICT, PIN - 683574

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OTHER PRESENT:

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K K PREETHA SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.19921 of 2024

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¶19

J U D G M E N T

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(Dated this the 4^th day of July, 2024)

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The petitioner, stated to be the owner of the
properties having an extent of 3 Ares and 0.025
Sq Meters of land comprised in Survey Nos.
406/11-2-2, 406/12-2-2, 80 sq.mtr., in 406/11-4,
406/12-2-3, 2 ares 2.25 sq.mtrs situated in Aluva
Taluk, in Kalady Village in Ernakulam District,
have preferred Ext.P4 and P4(1) applications
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.

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2. The learned counsel for the petitioner
submits that no orders have been passed on the
statutory application so far.

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Under such circumstances, there will be a
direction to the 4th respondent Village Officer to
provide sufficient inputs required under the Act

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¶25

W.P.(C) No.19921 of 2024

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and the Rules to the 2nd respondent Revenue
Divisional Officer within three months from
today. On receipt of the same, the 2nd respondent
Revenue Divisional Officer will consider Ext.P4
and P4(1) applications within two months
thereafter and pass orders strictly in terms of
the Act and the Rules.

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The writ petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P., JUDGE

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SM

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The words 'direction to the 4th respondent
Village Officer' in the last paragraph of the judgment
dated 04.07.2024 in WP(C) 19921/2024 is corrected and
substituted as "direction to the 5th respondent,
Agricultural Officer” as per order dated 18.07.2024 in
I.A. 1/2024 in WP(C) 19921/2024.

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Sd/-

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Joint Registrar

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25.07.2024

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W.P.(C) No.19921 of 2024

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`PETITIONER EXHIBITS` `Exhibit P1`	`TRUE COPY OF THE TAX RECEIPTS NOS.` `KL07040701930/2024 DATED 06.04.2024`
`Exhibit P1(1)`	`TRUE COPY OF THE TAX RECEIPTS NOS.` `KL07040701931/2024 DATED 06.04.2024`
`Exhibit P2`	`THE TITTLE DEED OF THE PROPERTY NO.1808/1/08` `DT. 21.04.2008`
`Exhibit P2(1)`	`THE TITTLE DEED OF THE PROPERTY NO.` `546/I/2009 DT. 17.03.2009`
`Exhibit P3`	`TRUE COPY OF THE PUBLISHED DATA BANK OF` `KALADY GRAMA PANCHAYAT DULY SIGNED BY THE` `AGRICULTURAL OFFICER, KALADY ON 05.02.2024`
`Exhibit P4`	`THE TRUE COPY OF THE FORM 5 APPLICATION NO,` `278/2022/240495 DT.19.10.2022 SUBMITTED BY` `THE PETITIONER BEFORE THE 2ND RESPONDENT`
`Exhibit P4(1)`	`THE TRUE COPY OF THE FORM 5 APPLICATION NO,` `1/2024/1893035 DT. 26.01.2024, SUBMITTED BY` `THE PETITIONER BEFORE THE 2ND RESPONDENT`
`Exhibit P5`	`THE TRUE COPY OF THE RECEIPT NO` `KL07040708878/2022 DT.19.10.2022`
`Exhibit P5(1)`	`THE TRUE COPY OF THE RECEIPT NO` `KL07040700580/2024 DT.05.02.2024,`
`Exhibit P6`	`THE TRUE COPY OF THE REPORT OF THE` `AGRICULTURAL OFFICER TO THE ASSISTANT` `DIRECTOR, AGRICULTURE, ANGAMALLY NO. KA` `23/2006-07 DT.14.02.2007`
`Exhibit P7`	`THE TRUE COPY OF THE REPORT TO THE TAHASILDAR` `NO. T.B (1) 1140/07 DT 28.02.2007`
`Exhibit P8`	`THE TRUE COPY OF THE PROCEEDINGS OF THE` `PRINCIPAL AGRICULTURAL OFFICER, ERNAKULUM NO.` `TA (1) 7574/13/KDS DT.14.07.2014`
`Exhibit P9`	`THE TRUE COPY OF THE PHOTOGRAPH OF THE` `SUBJECT PROPERTY`
`Exhibit P9(1)`	`THE TRUE COPY OF THE PHOTOGRAPH OF THE` `SUBJECT PROPERTY`

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RESPONDENTS EXHIBITS NIL

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TRUE COPY

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PA TO JUDGE

Philo Jolly, v. the District Collector

Case brief

What is this about?

What did the court decide?

Philo Jolly, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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