IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 15008 OF 2022
PETITIONER:
1 ABDUL NAZAR
AGED 48 YEARS
S/O. ABDULLAKUTTY, GENERAL SECRETARY, GALAXY
EDUCATIONAL CHARITABLE TRUST, KOLIKKARA, OTHALOOR (PO),
MALAPPURAM DISTRICT, PIN-679591.
BY ADVS.
R.O.MUHAMED SHEMEEM
NASEEHA BEEGUM P.S.
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
THE REGIONAL DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR
ROAD, TIRUR, MALAPPURAM DISTRICT, KERALA,PIN-676101.
2 THE VILLAGE OFFICER,
ALAMKODE VILLAGE OFFICE, ALAMKODE (PO), MALAPPURAM
DISTRICT, PIN-679585.
3 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM
JUNCTION, STATUE, PALAYAM, THIRUVANANTHAPURAM, KERALA-
695001.
BY ADV.SMT.VINITHA B., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.15008 OF 2022
2
JUDGMENT
Dated this the 20th day of May, 2022 The petitioner is the owner in possession of 28.45 Ares of land in Survey No.374/1-1 in Block No.004 of Alamkode Village in Ponnani Taluk of Malapuram District. It is submitted that the property of the petitioner is lying as garden land and the same is not suitable for paddy cultivation and is not included in the data bank. The petitioner confines his relief for an expeditious consideration of Ext.P4 application in Form No.7 under Section 27A of the Kerala Conservation of Paddy land and Wetland Act, 2008, seeking permission for use of land for other purposes.
2. Having heard the learned Government Pleader also and without expressing any view on the merits of the matter, this writ petition is disposed of directing the RDO/1st respondent to take up the application, consider and pass orders on the same, after considering all relevant aspects of the matter and WPC NO.15008 OF 2022 3 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 four months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SKP/20.05 WPC NO.15008 OF 2022 4 APPENDIX OF WP(C) 15008/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.
1236/1/2012 DATED 08.03.2012 OF EDAPPAL SUB REGISTER OFFICE.
EXHIBIT P2 A TRUE COPY OF THE EXTRACT OF LAND DETAILS (OTHALOOR DESOM) COVERING EXT-P1 PROPERTY ISSUED BY THE AGRICULTURE OFFICER, KRISHI BHAVAN, ALAMKODE UNDER RIGHT TO INFORMATION ACT, 2005 TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REVENUE RECEIPT DATED 29/10/2021 ISSUED BY THE VILLAGE OFFICER, ALANKODE.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 09.11.2021 UNDER FORM 7 RULE 12(1) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008.
EXHIBIT P5 A TRUE COPY OF A COMMUNICATION NO. 3465/21 DATED 09.11.2021 ASKING FOR A REPORT FROM THE 2ND RESPONDENT, VILLAGE OFFICER, ALAMKODE OBTAINED ISSUED UNDER THE RIGHT TO INFORMATION ACT, 2005.
EXHIBIT P6 A TRUE COPY PLAN AND SKETCH TO THE PROPOSED CONSTRUCTION OF SCHOOL BUILDING IN EXT-P1 PROPERTY.
RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE