Kerala High Court
Hussain vs State Of Kerala on 11 April, 2024
WP(C)No.12517 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12517 OF 2024
PETITIONER:
HUSSAIN
AGED 61 YEARS
S/O HYDRU, CHENGANAKKATTIL HOUSE
VALAVANNUR PO, MALAPPURAM, PIN - 676551
BY ADVS.
VIJAI MATHEWS
JOSEPH THEKKEKURUVANAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, CIVIL STATION
MALAPPURAM, PIN - 676553
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, TIRUR,
MALAPPURAM, PIN - 676101
4 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER,
ATHAVANAD, MALAPPURAM, PIN - 676301
5 AGRICULTURAL OFFICER
KRISHI BHAVAN, ATHAVANAD MALAPPURAM, PIN - 676301
6 THE VILLAGE OFFICER
ATHAVANAD, MALAPPURAM, PIN - 676301
SMT.SHEEBA SABARINATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.12517 of 2024
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MOHAMMED NIAS C.P., J.
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WP(C)No.12517 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
The petitioner, stated to be the absolute owner in possession of 0.1639 Hectares of land in Survey No.40/2-4 in Block No.1 Athavanad Village, Tirur Taluk, Malappuram district has preferred Ext.P1 application before the third respondent 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'). The learned counsel for the petitioner submits that no orders have been passed on the statutory application so far.
2. Under such circumstances, there will be a direction to the fifth respondent - Agricultural officer to file a report to the third respondent - the Revenue Divisional Officer within two months from today. On receipt of the said report, the RDO will consider Ext.P1 application within three months from the date of receipt of the report from the Agricultural Officer, and pass orders strictly in terms of the Act and Rules.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE dlk/11.4.2024 WP(C)No.12517 of 2024 3 APPENDIX OF WP(C) 12517/2024 PETITIONER'S EXHIBITS EXHIBIT -P1 TRUE COPY OF THE APPLICATION IN FORM NO 5 BEARING NO. 40/2024/529744 DATED 27-02-2024 EXHIBIT -P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23-02-2024