Citation : 2021 Latest Caselaw 22238 Ker
Judgement Date : 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
WP(C) NO. 24269 OF 2021
PETITIONER:
HIDAYATHUL ANAM SANGAM
AGED 59 YEARS
THALAKKADATHUR P.O., TIRUR, MALAPPURAM DISTRICT,
REP. BY ITS SECRETARY.
BY ADV U.K.DEVIDAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
RDO OFFICE, TIRUR, TRIKANDIYUR ROAD,
MALAPPURAM DISTRICT - 676 101.
2 TAHSILDAR,
TALUK OFFICE, CIVIL STATION, TIRUR P.O.,
MALAPPURAM DISTRICT - 676 102.
3 VILLAGE OFFICER
VILLAGE OFFICE, CHERIYAMUNDAM, CHERIYAMUNDAM P.O.,
MALAPPURAM DISTRICT - 676 103.
APPU.P.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24269 OF 2021
2
JUDGMENT
Dated this the 5th day of November 2021
The petitioner is a registered society running
educational institution. The learned counsel for the
petitioner submits that the property having an extent of
26.30 Ares in Survey No.62/4-6 of Cheriyamundam Village
in Tirur Taluk of Malappuram District, is included as nilam in
the B.T.R., but is not included in the Data Bank. It is
submitted that the property of the petitioner is not included
in the data bank. The petitioner confines its relief for an
expeditious consideration of Ext.P4 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.
2. 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 1 st
respondent to take up the application, consider and pass
orders on the same, after considering all relevant aspects of WP(C).No.24269 OF 2021
the matter and after verifying the data bank and obtaining
all necessary inputs including the report of the Village
Officer. Petitioner shall produce a copy of the writ petition
along with a copy of the judgment before the 1st respondent
for compliance. 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 SSK/5/11 WP(C).No.24269 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
TRUE COPY OF THE ASSIGNMENT DEED NO.1268/1992 Exhibit P1 OF SRO, TIRUR DATED 15/4/1992.
TRUE COPY OF THE BASIC TAX RECEIPT DATED Exhibit P2 01/10/2021.
TRUE COPY OF THE PROCEEDINGS OF THE FIRST Exhibit P3 RESPONDENT DATED 01/03/2021.
TRUE COPY OF THE APPLICATION DATED 11/10/2021 Exhibit P4 IN FORM 6 UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.
RESPONDENTS' EXHIBITS: NIL SSK //TRUE COPY// PA TO JUDGE
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