T.V. Kunhimoideen Haji vs The Revenue Divisional Officer
2021 Latest Caselaw 10562 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.626 OF 2021(C)


PETITIONER:

               T.V. KUNHIMOIDEEN HAJI
               AGED 80 YEARS
               S/O MAMMED HAJI,
               THAZHATHUVEETTIL HOUSE,
               VALLUVAMBRAM P O,
               ATHANIKKAL,
               MALAPPURAM-673642.

               BY ADVS.
               SRI.ABDUL JAWAD K.
               SMT.A.GRANCY JOSE

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISIONAL OFFICER,
               SHANTI NAGAR, PERINTHALMANNA,
               MALAPPURAM DISTRICT-679322.

      2        THE TAHSILDAR(LAND RECORDS)
               ERANAD TALUK,
               MANJERI, MALAPPURAM-676122.

      3        THE VILLAGE OFFICER
               POOKKOTTUR,
               MALAPPURAM-676517.

               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            ==================
                  W. P. (C) No.626 of 2021
            ==================
            Dated this the 29th day of March, 2021

                              JUDGMENT

All that the petitioner seeks for is an

expeditious consideration of Ext.P1 application

dated 29.08.2017 filed by him under Clause-6 of the

Kerala Land Utilization Order 1967. As per the

application, he sought for permission to use his

property having an extent of 14.94 Ares in R.S.

105/4 and 1.1 Ares in R.S. 105/11 of Pookkottur

village for purposes other than cultivation of

crops. The application though received by the first

respondent on 08.09.2017, is still pending

consideration, is the grievance of the petitioner.

2. It is pointed out that during the pendency

of the said application Ext.P3 communication has

been received by the petitioner calling upon him to

effect payments in terms of Section 27A of the

Kerala Conservation of Paddy land and Wetland Act

for conversion of the property. The petitioner W. P. (C) No.626 of 2021

relies on the judgments of this Court in District

Collector v. Fr. Jose Uppani [2020 (4) KLT 612] and Fr. Jose Uppani v.

District Collector [2020 (3) KLT 492] to contend that if

application under the Kerala Land Utilization Order

had been filed prior to the introduction of Section

27A of the Kerala Conservation of Paddy land and

Wetland Act, then there is no necessity to seek for

conversion in terms of Section 27A and that the

authorities are bound to consider the application

under the Kerala Land Utilization Order.

3. Ext.P1 application if received by the first

respondent on 08.09.2017, as referred to supra,

then necessarily the application has to be

considered without reference to Section 27A of the

Kerala Paddy land and Wetland Act and appropriate

orders passed.

4. Accordingly the writ petition is disposed of

directing the first respondent to ascertain the

receipt of Ext.P1 application and if the same is

received and pending, the same shall be considered

and appropriate orders passed within a period of W. P. (C) No.626 of 2021

three 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.626 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 29/08/20017 SUBMITTED ON 08/09/2017 BEFORE THE 1ST RESPONDENT WITHOUT ANNEXURES.

EXHIBIT P2 TRUE COPY OF THE REPORT OF THE KSREC DATED 7/6/2017.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 27/11/2020 OF THE 1ST RESPONDENT.

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