Ibrahim Haji Palamadathil ... vs The Revenue Divisional Officer, ...

Citation : 2022 Latest Caselaw 5721 Ker
Judgement Date : 27 May, 2022

Kerala High Court
Ibrahim Haji Palamadathil ... vs The Revenue Divisional Officer, ... on 27 May, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 17250 OF 2022
PETITIONER/S:

          IBRAHIM HAJI PALAMADATHIL ERANIPURATH
          AGED 84 YEARS
          S/O, MAYIN P.E, P.E.HOUSE
          THOTTASSERIYARA, KANNAMANGALAM WEST PO
          ABDU RAHIMAN NAGAR, KUTTUR NORTH
          MALAPPURAM - 676 305

          BY ADVS.
          AJMAL P.
          HASEENA K.A.
          RAFNA RAZAK
          PARVATHY S.R.



RESPONDENT/S:

1         THE REVENUE DIVISIONAL OFFICER
          TIRUR, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          MALAPPURAM DISTRICT - 676 101

2         THE VILLAGE OFFICER,
          KANNAMANGALAM VILLAGE
          MALAPAPURAM DISTRICT - 676 304

3         THE AGRICULTURAL OFFICER
          FOR THE KANNAMANGALAM PANCHAYAT
          TIRURANGADI, MALAPPURAM DISTRICT - 676 306

4         THE LOCAL LEVEL MONITORING COMMITTEE FOR THE
          KANNAMANGALAM PANCHAYAT CONSTITUTED UNDER THE
          CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008
          REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,
          KANAMANGALAM PANCHAYAT MALAPPURAM DISTRICT - 676 306

          R BY SR.GP SMT.VINITHA.B.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17250 OF 2022     ..2..




                      JUDGMENT

The petitioner is the owner in possession of 16.59 ares of land comprised in Re-block No.01, Re-survey Nos.143/1A-23, 143/1A-24 and 143/1A-4 of Kannamangalam Village, Tirurangadi Taluk, Malappuram District. It is submitted by the petitioner 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.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.

2. Heard the learned Counsel for the petitioner and the learned Government Pleader.

 WP(C) NO. 17250 OF 2022        ..3..

      3.   There   will   be   a   direction   to     the   1 st

respondent/RDO to consider and dispose of Ext.P3 application, after verifying the data bank and obtaining all due reports from the Village Officer concerned, within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

                          MURALI PURUSHOTHAMAN
                                 JUDGE
SB/27/05/2022
 WP(C) NO. 17250 OF 2022       ..4..


                          APPENDIX

PETITIONERS EXTS.

EXT.P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.5985859 DATED 28.9.21 ISSUED BY THE VILLAGE OFFICER, KANNAMANGALAM VILLAGE, TIRURANGADI TALUK, MALAPPURAM DISTRICT EXT.P2 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT, REMOVING THE SUBJECT LAND FROM THE LAND DATA BANK FOR THE KANNAMANGALAM PANCHAYAT, TIRURANGADI TALUK, MALAPPURAM DISTRICT. EXT.P3 TRUE COPY OF THE APPLICATION DATED 19.2.22 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S 27A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.