Muhammed Musthafa vs State Of Kerala
2021 Latest Caselaw 15205 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 20TH DAY OF JULY 2021/29TH ASHADHA, 1943
                     WP(C) NO. 14416 OF 2021


PETITIONER:

          MUHAMMED MUSTHAFA, S/O.UNNEENKUTTY,
          AGED 51 YEARS, ULLATTUPARAMBIL (HO),
          ACHANAMBALAM, KANNAMANGALAM,
          MALAPPURAM DISTRICT.

          BY ADVS.
          K.K.JYOTHILAKSHMY
          C.MANOJ KUMAR(KAKKANAD)


RESPONDENTS:

 1       STATE OF KERALA REPRESENTED BY
         THE SECRETARY, REVENUE DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM 695 001.

 2       DISTRICT COLLECTOR, COLLECTORATE,
         MALAPPURAM CIVIL STATION,
         MALAPPURAM DISTRICT 676 505.

 3       REVENUE DIVISIONAL OFFICER,
         COLLECTORATE, TIRUR,
         MALAPPURAM DISTRICT PIN 676 504.

 4       AGRICULTURAL OFFICER, AGRICULTURAL OFFICE,
         OORAKAM, MALAPPURAM DISTRICT 676 519.

 5       VILLAGE OFFICER, VILLAGE OFFICE,
         OORAKAM, MALAPPURAM DISTRICT 676 519.

          G.P. SRI RAVIKRISHNAN ASOKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.14416/2021

                                 2




                          JUDGMENT

Dated this the 20th day of July, 2021

The writ petition has been filed seeking to quash

Exts.P5 and P7 stop memos issued by the Village Officer of

Oorakam Village.

2. The petitioner states that the petitioner owns1.28

Ares of land in Re.Sy.No.246 (Old Sy.No.157) in Oorakam

Village of Malappuram District. The property is categorised

as 'nilam'. The petitioner submitted Ext.P6 application

before the respondents 3 and 4 to remove the land from the

Data Bank. However the respondents did not consider the

same. At the same time, the Village Officer has issued

Exts.P5 and P7 stop memos desisting the petitioner from

converting the nature of land in any manner. WP(C) No.14416/2021

3. The petitioner would contend that the land in

question is too small in extent and the petitioner wants to

utilise the land for constructing a shop building for

livelihood. Stop memos issued by the Village Officer are

therefore illegal since it has been issued while the petitioner

has already approached the authority for changing the

nature of the land.

4. The learned Government Pleader would submit

that the District Collector is the competent authority in

finalising the proceedings initiated as per Exts.P5 and P7

and once the Village Officer forwards the requisite

documents to the District Collector, the proceedings can be

completed within a time frame. In the facts and

circumstances of the case, this Court is of the opinion that

the petitioner's application for removing the land in question

from the Data bank has to be considered first. Thereafter,

the District Collector who is the competent authority to WP(C) No.14416/2021

finalise Exts.P5 and P7 can arrive at a decision.

The writ petition is therefore disposed of directing the

competent among the respondents 3 and 4 to consider

Ext.P6 application submitted by the petitioner within a

period of one month. Based on the decision that is to be

taken on Ext.P5, the 2nd respondent shall conclude the

proceedings initiated as per Exts.P5 and P7 of the Village

Officer and take a final decision in that matter within a

further period of one month.

Sd/-

N. NAGARESH JUDGE ncd/20.07.2021 WP(C) No.14416/2021

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE KANAM ASSIGNMENT, DATED 21.02.2014 EXECUTED BY SYDH HYDARALI SIHAB THANGAL IN FAVOUR OF MUHAMMED MUSTHAFA AS DOCUMENT NO.937 OF 2014.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2020-2021 ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE, DATED 06.10.2020 ISSUED BY THE 5TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE PETITION DATED 20.10.2018 FILED BY THE PETITIONER BEFORE THE RDO, TIRUR.

EXHIBIT P5 TRUE COPY OF THE STOP MEMO NO.82/2020, DATED 16.07.2020 ISSUED BY THE 5TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE APPLICATION FILED UNDER RULE 4D OF CONSERVATION OF THE PADDY LAND AND WET LAND ACT, 2008 BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 01.01.2020.

EXHIBIT P7 TRUE COPY OF THE STOP MEMO NO.36/2021, DATED 25.01.2021 ISSUED BY THE PETITIONER BY THE 5TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE DATA BANK ISSUED BY THE 5TH RESPONDENT.