Afsal A vs District Collector

Citation : 2022 Latest Caselaw 4738 Ker
Judgement Date : 26 April, 2022

Kerala High Court
Afsal A vs District Collector on 26 April, 2022
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                  WP(C) NO. 14190 OF 2022
PETITIONER:

          AFSAL A, AGED 38 YEARS
          SON OF MOHAMMED KUTTY A,
          CHALAKKANDY, EDAVANNAPPARA,
          CHERUVAYOOR P.O,
          MALAPPURAM DISTRICT, PIN - 673645
          BY ADVS.
          K.MOHAMMED RAFEEQ
          SANALDEV E.P.
          BEN TOM
          SADIK ISMAYIL
          P.M.MATHEW


RESPONDENTS:

    1     DISTRICT COLLECTOR
          CIVIL STATION, MALAPPURAM DISTRICT,
          PIN - 676605
    2     REVENUE DIVISIONAL OFFICER
          TIRUR, MALAPPURAM DISTRICT, PIN - 676101
    3     THAHSILDAR
          KONDOTTY TALUK OFFICE,
          MALAPPURAM DISTRICT, PIN - 673638
    4     VILLAGE OFFICER
          CHEEKODE VILLAGE. OMANOOR P.O,
          MALAPPURAM DISTRICT, PIN - 673645
    5     AGRICULTURAL OFFICER
          CHEEKODE KRISHIBHAVAN, EDAVANNAPPARA P.O,
          MALAPPURAM DISTRICT, PIN - 673645
          BY ADV.PARVATHY, GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14190 of 2022
                                         2



                         ZIYAD RAHMAN A.A., J
                        .......................................
                         W.P.(C) No.14190 of 2022
                    ................................................
                   Dated this the 26 th day of April, 2022

                                   JUDGMENT

Th e petitioner is the owner of 6.59Ares of land in Block No.16, Survey No.121/4-2, 121/4-3 of Cheekode Village in Kondotty Taluk of Malappuram District. The petitioner submits that the property is lying as converted land and the same is not suitable for paddy cultivation and the property has not been enumerated in the data bank by the LLMC. The petitioner confines his relief for an expeditious consideration of Ext.P3 application in Form No.6 under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes, before the 2nd respondent.

2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.

3. In the nature of the limited request made by the WP(C) NO.14190 of 2022 3 petitioner, this writ petition is disposed of directing the 2nd respondent to take up Ext.P3 application, consider and pass orders on the same, after considering all relevant aspects of the matter including nature and extent of the property and after verifying the data bank and obtaining all necessary inputs including the report of the Village Officer. The entire proceedings shall be completed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of.

Sd/-

ZIYAD RAHMAN A.A., JUDGE AMV/26/04/2022 WP(C) NO.14190 of 2022 4 APPENDIX OF WP(C) 14190/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 02.02.2022 ISSUED BY THE FOURTH RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK PUBLISHED BY THE LOCAL LEVEL MONITORING COMMITTEE Exhibit P3 TRUE COPY OF THE APPLICATION DATED 02.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P4 TRUE COPY OF THE STATUS OF APPLICATION DATED 02.02.2022 OBTAINED FROM THE WEB SITE RESPONDENTS EXHIBITS : NIL TRUE COPY