Shaji Munawar vs State Of Kerala

Citation : 2024 Latest Caselaw 19051 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Shaji Munawar vs State Of Kerala on 28 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                   WP(C) NO. 14243 OF 2024
PETITIONER:

           SHAJI MUNAWAR,
           AGED 39 YEARS, S/O. KUNNATHERI ABDUL KAREEM,
           KUNATHERI HOUSE, COURT ROAD, NEDUVA VILLAGE,
           PARAPPANANGADI, MALAPPURAM DISTRICT,
           PIN - 676 303.

           BY ADVS.
           A.MUHAMMED MUSTHAFA
           SONY BENNY


RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
           REVENUE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001.

    2      REVENUE DIVISIONAL OFFICER - TIRUR,
           REVENUE DIVISION OFFICE,
           TIRUR-THRIKANDIYOOR ROAD,
           MALAPPURAM DISTRICT, KERALA, PIN - 676101.

    3      THE AGRICULTURAL OFFICER,
           PARAPPANAGADI PANCHAYATH, KRISHI BHAWAN,
           PARAPPANAGADI, PIN - 676303.

    4      THE TAHSILDAR,
           TIRURANGADI TALUK, TIRURANGADI TALUK OFFICE,
           CIVIL STATION, NEAR CHAMMAD BUS STATION,
           MALAPPURAM , KERALA, PIN - 676305.

    5      THE VILLAGE OFFICER,
           NEDUVA VILLAGE, NEAR TO PARAPPANANGADI
           MUNSSIF'S COURT MALAPPURAM DISTRICT,
           KERALA, PIN - 676303
 W.P.(C)No.14243 OF 2024

                                 2


OTHER PRESENT:

             SMT.PREETHA K.K., SR.GOVERNMENT PLEADER



      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION      ON 28.06.2024,   THE   COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.14243 OF 2024

                              3

             MOHAMMED NIAS C.P., J.
             ------------------------------
            W.P.(C). No. 14243 of 2024
             ------------------------------
         Dated this the 28th day of June, 2024

                          JUDGMENT

The petitioner, stated to be the absolute owner of the property having an extent of 2.84 Ares of land comprised in Survey No.81/10-5 situated in Tiroorangadi Taluk, in Neduva Village in Malappuram District, has preferred Ext.P3 application under Form 5 of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008, (for short, "the Act and the Rules") seeking a direction to the 2nd and 3rd respondents to consider and pass orders on Exhibits P3 in Form 5 application filed under Rule 4D of the Rules, within a time frame.

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

Under such circumstances, there will be a direction W.P.(C)No.14243 OF 2024 4 to the 3rd respondent, the Agricultural Officer to provide sufficient inputs required under the Act and the Rules to the 2nd respondent Revenue Divisional Officer within two months from today. On receipt of the same, the 2nd respondent Revenue Divisional Officer will consider Ext.P3 application within two months thereafter and pass orders strictly in terms of the Act and the Rules.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE S.M.K. W.P.(C)No.14243 OF 2024 5 APPENDIX OF WP(C) 14243/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED SALE DEED DATED 03.06.2023 BEARING REGISTRATION NO. 1489/2023 ON THE FILES OF SRO PARAPPANANGADI Exhibit P2 A TAX PAID RECEIPT DATED 10.08.2023 ISSUED BY THE VILLAGE OFFICER NEDUVA Exhibit P3 A TRUE COPY OF THE FORM 5 APPLICATION DATED 02.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE CHALLAN REMITTING THE REQUISITE FEES DATED 02.03.2024 ISSUED BY THE LAND REVENUE DEPARTMENT