Thandam Tharayil Rafi vs The Revenue Divisional Officer
2021 Latest Caselaw 21648 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 23813 OF 2021
PETITIONER:

          THANDAM THARAYIL RAFI
          AGED 47 YEARS
          S/O MOIDUTTY HAJI, THANDAMTHATHARAYIL,
          PUNNAYUR P.O, VADAKKEKAD, THRISSUR-679562.

          BY ADVS.
          V.N.HARIDAS
          SAIFUDEEN T.S
          M.MANU



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE REVENUE DIVISIONAL OFFICE TIRUR,
          THRIKANDIYOOR ROAD, TIRUR MALAPPURAM -676101.

    2     LOCAL LEVEL MONITORING COMMITTEE
          REPRESENTED BY ITS CONVENOR, KALADY AGRICULTURAL
          OFFICE, P.O.KADANCHERY,
          KALADY MALAPPURAM DISTRICT-679582.

    3     KALADY GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, KALADY GRAMA PANCHAYAT
          OFFICE, P.O.KADANCHERY,
          KALADY MALAPPURAM DISTRICT-679582.



          APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23813 OF 2021

                                        2


                                  JUDGMENT

The petitioner is the owner in possession of 4 Ares 5 Sq.Meter of land in

Survey No.34/5A of Kalady Village in Ponnani Taluk of Malappuram District. It

is submitted that the property of the petitioner is lying as garden land and the

same is not suitable for paddy cultivation and is not included in the data bank.

The petitioner confines his relief for an expeditious consideration of Ext.P5

application in Form No.6 under Section 27A of the Kerala Conservation of

Paddy land and Wetland Act, 2008, seeking permission for use of land for other

purposes.

Having heard the learned Government Pleader also and without

expressing any view on the merits of the matter, this writ petition is disposed

of directing the 1st respondent to take up the application, consider and pass

orders on the same, after considering all relevant aspects of the matter and

after verifying the data bank and obtaining all necessary inputs including the

report of the Village Officer. The entire proceedings shall be completed within

a period of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23813 OF 2021

APPENDIX OF WP(C) 23813/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF LAND TAX RECEIPT DATED 24.06.2021 ISSUED BY KALADY VILLAGE.

Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.03.2017 ISSUED BY THE KALADY VILLAGE.

Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT DATED 20.12.2013. ISSUED BY THE 3RD RESPONDENT PANCHAYAT.

Exhibit P4 A TRUE COPY OF THE LETTER 08.09.2021 ISSUED BY THE 3RD RESPONDENT PANCHAYAT.

Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED14.09.2021.

Exhibit P6 A TRUE COPY OF THE APPLICATION FORWARDED BY THE 1ST RESPONDENT TO THE CONCERNED VILLAGE OFFICER FOR THEIR REPORT DATED 14.09.2021.