Noor Muhammed Noorsha vs The Revenue Divisional Officer
2021 Latest Caselaw 17194 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                        WP(C) NO. 8585 OF 2021
PETITIONER:

          NOOR MUHAMMED NOORSHA,AGED 62 YEARS,S/O. KHALID,
          KALLIYATH HOUSE, MAMANGALAM, PALARIVATOM P.O. ERNAKULAM
          DISTRICT.

          BY ADV P.M.ZIRAJ



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, ERNAKULAM DISTRICT 682 001.

    2     THE DISTRICT COLLECTOR,ERNAKULAM, CIVIL STATION,
          KAKKANADU, ERNAKULAM DISTRICT 683 030.

    3     THE TAHASILDAR,PARAVUR TALUK, ERNAKULAM DISTRICT 683
          513.

    4     THE VILLAGE OFFICER,ALANGADU VILLAGE,
          ERNAKULAM DISTRICT, 683 511.

    5     THE LOCAL LEVEL MONITORING COMMITTEE,
          ALANGAD GRAMA PANCHAYATH REPRESENTED BY ITS CONVENER,
          AGRICULTURAL OFFICER, KRISHI BHAVAN, ALANGAD,
          ERNAKULAM, DISTRICT 683 511.

          GP SRI.P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8585 OF 2021
                                  2



                            JUDGMENT

The petitioner confines his relief for an

expeditious consideration of Ext P3 application

filed in terms of Clause 6 of the Kerala Land

Utilization Order, seeking permission for

conversion/change of utilization of the property

mentioned therein. Ext P3 application is dated

03.10.2017. Ext P5 postal receipt dated 08.11.2017

evidences submission of the said application before

the 1st respondent.

2. The application having been submitted prior

to 30.12.2017, they are liable to be considered and

appropriate orders passed without insisting for

orders under Section 27A of the Kerala Conservation

of Paddyland and Wetland Act, 2008(for short, 'the

Act'). The law in the said regard has been declared

by this Court in various judgments.

Accordingly, the writ petition is disposed of WP(C) NO. 8585 OF 2021

directing the 1st respondent to consider and pass

orders on Ext P3 application and pass appropriate

orders thereon in accordance with law, after

affording an opportunity of hearing to the

petitioner. Let orders be passed within a period of

three months from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 8585 OF 2021

APPENDIX OF WP(C) 8585/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 26.04.2019 IN CONNECTION WITH THE PROPERTY OF PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK REGISTER IN CONNECTION WITH THE PROPERTY OF PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 30.10.2017 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 30.11.2017 IN WPC NO. 38595/2017 OF THIS HONOURABLE COURT.