Disposed

Vende Infrastructure and Realtors Pvt. Ltd. v. State of Kerala

Kerala HC11 Apr 2024WP(C)/32319/2023

Case brief

AI extract

What is this about?

Owner sought deletion of 474.60 Ares in Kadamakudy Village from the data bank via a Form 5 application that had not been decided. Court directed obtaining a KSREC report through the Agricultural Officer and required the Revenue Divisional Officer to decide the application within five months in terms of the Act and Rules.

What did the court decide?

Directions: petitioner to obtain KSREC report via Agricultural Officer and submit to RDO; RDO to decide Ext.P3 Form 5 application within five months per Act and Rules.

Vende Infrastructure and Realtors Pvt. Ltd. Vs State… — Writ and Judicial Review | 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.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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WP(C) NO. 32319 OF 2023

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PETITIONER:

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VERDE INFRASTRUCTURE AND REALTORS PVT. LTD
HAVING ITS REGISTERED ADDRESS AT C.C NO. XLI/881,
PULLEPADY CROSS ROAD, ERNAKULAM REPRESENTED BY ITS
DIRECTOR, PAUL THOMAS, PIN - 682018
BY ADVS.
KARTHIKA MARIA
SANTHOSH MATHEW
ARUN THOMAS
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
KURIAN ANTONY MATHEW
DIANA LAURANCE PAUL

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF AGRICULTURE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001

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2 REVENUE DIVISIONAL OFFICE REVENUE DIVISIONAL OFFICE, FORT KOCHI KOCHI, PIN - 682001

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3 AGRICULTURAL OFFICER KADAMAKUDY KRISHI BHAVAN, KADAMAKUDY VILLAGE, KANAYANNUR TALUK ERNAKULAM DISTRICT, PIN - 682027

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4 VILLAGE OFFICER KADAMAKKUDY VILLAGE OFFICE PIZHALA PANCHAYAT ROAD PIZHALA P.O, KERALA, PIN - 682027 BY ADV STATE OF KERALA(Party-In-Person)

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OTHER PRESENT:

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SMT.AMMINIKUTTY K, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 32319 OF 2023

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..2..

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MOHAMMED NIAS C.P., J.

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=========================

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W.P.(C.) No. 32319 of 2023

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========================= Dated this the 11^th day of April, 2024

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J U D G M E N T

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The petitioner, stated to be the owner of property having an extent of 474.60 Ares comprised in Survey Nos.166/1, 166/2, 166/2-2, 169/1, 169/2, 169/2-2, 172/1-2, 172/3 situated in Kanayannur Taluk, Kadamakudy Village, Ernakulam district has preferred Ext.P3 application seeking deletion of the property from the data bank under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, ‘the Act’).

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

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Accordingly, the following directions are issued;

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The petitioner is directed to make an application to the 3rd respondent - Agricultural officer to get a report from the

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WP(C) NO. 32319 OF 2023

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..3..

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KSREC and upon receipt of the same, forward it to the second respondent - the Revenue Divisional Officer within two months from today. On receipt of the same, the second respondent RDO will consider Ext.P3 application within five months from the date of receipt of the report from the 3rd Agricultural Officer, and pass orders strictly in terms of the Act and 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.,

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JUDGE

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WP(C) NO. 32319 OF 2023

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..4..

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APPENDIX OF WP(C) 32319/2023

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PETITIONER EXHIBITS :

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EXHIBIT P1TRUE COPY OF THE TAX RECEIPT NO.
KL07021903391/2023 DATED 12.06.2023
EXHIBIT P2TRUE COPIES OF THE PROPERTY TAX
RECEIPTS ISSUED BY THE KADAMAKUDY GRAMA
PANCHAYAT, ERNAKULAM
EXHIBIT P3TRUE COPY OF THE FORM 5 APPLICATION
DATED 18.09.2023 SUBMITTED BEFORE THE
2ND RESPONDENT

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// True Copy // PA To Judge

Vende Infrastructure and Realtors Pvt. Ltd. v. State of Kerala

Case brief

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Vende Infrastructure and Realtors Pvt. Ltd. v. State of Kerala

Case brief

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