Muhammed Zahir P vs The State Of Kerala
2021 Latest Caselaw 10086 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                      WP(C).No.25284 OF 2020(I)


PETITIONERS:

      1        MUHAMMED ZAHIR P.
               AGED 49 YEARS
               S/O. ABDURAHIM, GADSDENS, RED CROSS ROAD,
               PAYYAMBALAM, KANNUR-670001.

      2        SHABANA MUHAMED ZAHIR,
               AGED 40 YEARS
               W/O. MOHAMED ZAHIR, GADSDENS, RED CROSS ROAD,
               PAYYAMBALAM, KANNUR-670001.

               BY ADVS.
               SRI.ABDUL RAOOF PALLIPATH
               SRI.K.R.AVINASH (KUNNATH)

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
               TRIVANDRUM-695001.

      2        THE REVENUE DIVISIONAL OFFICER,
               REVENUE TOWER, COURT ROAD, TALIPARAMBA,
               KANNUR-670141.

      3        THE CONVENER,
               LOCAL LEVEL MONITORING COMMITTEE, (AGRICULTURE
               OFFICER), ZONAL OFFICE, ELAYAVOOR, KANNUR
               CORPORATION, KANNUR-670005.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
               W. P. (C) No.25284 of 2020
          ==================
          Dated this the 25th day of March, 2021

                               JUDGMENT

All that the petitioners seek for is an

expeditious consideration of Exts.P14 to P16

applications filed by them in Form No.5 prescribed

under the Kerala Conservation of Paddy land and

Wetland Rules, before the second respondent,

seeking exclusion of their property from the data

bank.

2. The petitioners rely on Exts.P6 to P8

reports of the Kerala State Remote Sensing and

Environment Centre dated 17.07.2019 to contend that

the property is not a paddy land.

3. The writ petition is disposed of directing

the second respondent to consider the applications

Exts.P14 to P16 expeditiously, with due W. P. (C) No.25284 of 2020 :- 2 :-

consideration to Exts.P6 to P8 reports, and pass

orders within a period of two months from the date

of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.25284 OF 2020(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 NIL.

EXHIBIT P1(A) TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT OF THE 1ST PETITIONER DATED 20.7.2020.

EXHIBIT P1(B) TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT OF THE 1ST PETITIONER DATED 17.7.2020.

EXHIBIT P1(C) TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT OF THE 2ND PETITIONER DATED 27.7.2020.

EXHIBIT P2 NIL.

EXHIBIT P2(A) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ELAYAVOOR DATED 27.7.2020.

EXHIBIT P2(B) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ELAYAVOOR DATED 27.7.2020.

EXHIBIT P2(C) TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ELAYAVOOR DATED 27.7.2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 24.8.2017 SUBMITTED BY THE 1ST PETITIONER IN RESPECT OF R.S.NO.11/1.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER IN RESPECT OF RS NO.15/1 AND 16/1 DATED 4.8.2017.

EXHIBIT P5 APPLICATION FILED BY THE 2ND PETITIONER IN RESPECT OF RS NO.15/1 AND 16/1 DATED 24.8.2017.

EXHIBIT P6 TRUE COPY OF THE REPORT ISSUED BY KSREC IN RESPECT OF PROPERTY IN RS NO.11/1 DATED 17.7.2019.

EXHIBIT P7 ISSUED BY KSREC IN RESPECT OF PROPERTY IN RS NO.15/1P DATED 17.7.2019.

EXHIBIT P8 REPORT ISSUED BY KSREC IN RESPECT OF PROPERTY IN RS NO.15/1P AND 16/1P DATED 17.7.2019.

EXHIBIT P9 TRUE COPY OF THE CIRCULAR NO.1/4012059/2020 DATED 17.2.2020 ISSUED BY 2ND RESPONDENT.

EXHIBIT P10 REPRESENTATION DATED 12.10.2020 BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE PHOTOGRAPHS.

EXHIBIT P12 TRUE COPY OF THE SKETCH.

EXHIBIT P13 TRUE COPY OF THE APPLICATION WITH REPLY UNDER RTI ACT.

EXHIBIT P14 TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT IN FORM 5 DATED 24/11/2020 IN SY NO.11/1.

EXHIBIT P15 TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT IN FORM 5 DATED 24/11/2020 IN SY.NO.15/1.

EXHIBIT P16 TRUE COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT IN FORM 5 DATED 24/11/2020 IN SY.NO.16/1.

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