Irshad vs Revenue Divisional Officer
2021 Latest Caselaw 16747 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021/20TH SRAVANA, 1943
                    WP(C) NO. 16224 OF 2021


PETITIONER:

         IRSHAD, AGED 28 YEARS,
         S/O ABOOBACKER, THUDISSERRY HOUSE,
         NEDUVA VILLAGE, P.O.ULLANAM,
         PARAPPANANGADI,
         MALAPPURAM DISTRICT, PIN-676 303.

         BY ADVS.
         AVM.SALAHUDIN
         A.D.DIVYA


RESPONDENTS:

    1    REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE,
         TIRUR-THRIKANDIYOOR ROAD,
         TIRUR, MALAPPURAM DISTRICT-676 101.

    2    AGRICULTURAL OFFICER,
         AGRICULTURAL OFFICE,
         PARAPPANANGADI P.O.,
         MALAPPURAM DISTRICT-676 303.

         BY GOVT.PLEADER SRI HANIL KUMAR HARSHAN

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 11.08.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16224/2021
                                 :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 11th day of August, 2021

The petitioner has filed this writ petition seeking to

direct the 1st respondent to consider Ext.P1 and to pass

appropriate orders thereon, after affording an opportunity of

hearing to the petitioner.

2. The petitioner states that he is the owner in

possession of 4.56 Ares of land comprised in Survey

No.117/3-2 of Neduva Village in Malappuram District. The

land is recorded as 'Nilam' in the Basic Tax Register. The land

is included in the Land Data Bank. The land, in fact, is

'purayidam'.

3. The petitioner wants to use the land for other

purposes. Hence, the petitioner filed Ext.P1 application in

Form-5 before the 1st respondent-Revenue Divisional Officer,

invoking Rule 4(4D) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008. The 1 st respondent-RDO has not WP(C) No.16224/2021

passed any orders on Ext.P1 application so far. The petitioner

is aggrieved by the delay in considering and passing orders

on the application.

4. Heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

5. Rule 4(4D) of the Kerala Conservation of Paddy

Land and Wetland Rules, 2008 enables persons who are

aggrieved by the contents of Data Bank to make applications

to alter the contents of the Data Bank. The petitioner has

invoked Rule 4(4D) in filing Ext.P1 application in Form-5.

Ext.P1 being a statutory application, the Revenue Divisional

Officer is bound to consider the application and pass orders

thereon within a reasonable time.

The writ petition is therefore disposed of with a

direction to the 1st respondent-Revenue Divisional Officer to

consider and pass orders on Ext.P1 application in accordance

with law, within a period of three months.

Sd/-

N. NAGARESH, JUDGE

aks/14.08.2021 WP(C) No.16224/2021

APPENDIX OF WP(C) 16224/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 22.2.2021 BEFORE THE 1ST RESPONDENT

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