Manzoor Ali K.A vs State Of Kerala
2021 Latest Caselaw 23006 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                         WP(C) NO. 26242 OF 2021
PETITIONER:

              MANZOOR ALI K.A
              AGED 47 YEARS
              S/O.K.A.ALI, KASONS, KAITHARAM.P.O,
              KOTTUVALLY, N.PARAVUR, PIN-683519.
              BY ADV K.C.VINCENT
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
              SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2        THE DISTRICT COLLECTOR,
              COLLECTORATE, ERNAKULAM-682030.
     3        THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              FORT KOCHI-682001.
     4        THE TAHSILDAR,
              TALUK OFFICE, PARAVUR, ERNAKULAM-683513.
     5        THE TAHSILDAR(LAND RECORDS).
              TALUK OFFICE, PARAVUR, ERNAKULAM-683513.
     6        THE VILLAGE OFFICER,
              VILLAGE OFFICE, KOTTUVALLY, ERNAKULAM-683519.
     7        THE AGRICULTURAL OFFICER,
              KRISHI BHAVAN, KOTTUVALLY, PIN-683519.
              SRI.RIYAL DEVASSY, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26242 OF 2021

                                        2




                                 JUDGMENT

This writ petition is filed seeking a consideration of Ext.P6 application

submitted by the petitioner in Form 9. It is submitted by the learned counsel

for the petitioner that the petitioner is the owner in possession of a total

extent of 53.41 Ares of land, of which 9.72 Ares comprised in Sy.No.148/1-

1, 4.04 Ares comprised in Sy. No.148/1-2-2, 1.21 Ares comprised in Sy.

No.148/2A1-3, 3.39 Ares in Sy. No.168/5-6-3, 22.11Ares comprised in Sy.

No.168/7A-2 and 12.94 Ares comprised in Sy.No.168/5-6-2 of Kottuvally

Village in Paravur Taluk of Ernakulam District. Out of the above land, 37.08

Ares is described as 'nilam' in the revenue records.

2. It is submitted that the petitioner had earlier submitted applications

under Section 3A of the Kerala Conservation of Paddy Land and Wet Land

Act, 2008 and Ext.P5 series of receipts would show that such applications

had been received by the respondents. However, no orders were passed

thereon. It is submitted by the learned counsel for the petitioner that

thereafter, Ext.P6 application in Form 9 has been submitted in the year 2020. WP(C) NO. 26242 OF 2021

3. The learned Government Pleader submits that Ext.P6 application in

Form 9 submitted by the petitioner can be considered and disposed of in

accordance with law.

4. There will, accordingly, be a direction to the 3rd respondent to take up

Ext.P6 application in Form 9 submitted by the petitioner and to consider and

pass orders on the same, taking note of the documents produced by the

petitioner. Orders shall be passed after considering all relevant aspects of the

matter within a period of three months from the date of receipt of a copy of

this judgment. The petitioner shall produce a copy of the writ petition along

with a copy of this judgment before the 3 rd respondent for compliance. The

contentions of the petitioner on the basis of Ext.P5 are left open.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 26242 OF 2021

APPENDIX OF WP(C) 26242/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.1044/2018 OF SRO PARAVUR DATED 26.03.2018. Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2020 RELATING TO THE PROPERTY Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF PARTITION DEED NO.3028/1960 OF SRO PARAVUR Exhibit P3(A) A TRUE COPY OF THE RELEVANT PAGES OF CONSENT DEED NO.1824/1970 OF SRO PARAVUR Exhibit P4 A TRUE COPY OF THE CERTIFICATE DATED 25.02.2016 ISSUED BY THE VILLAGE OFFICER. Exhibit P4(A) A TRUE COPY OF THE CERTIFICATE DATED 19.4.2016 ISSUED BY THE AGRICULTURAL OFFICER.

Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGEMENT BEARING NO.L15/47179/16 DATED 23.5.2016 SHOWING THE RECEIPT OF THE 3A APPLICATION.

Exhibit P5(A)` A TRUE COPY OF THE ACKNOWLEDGMENT BEARING NO.L15/47277/16 DATED 23.5.2016 SHOWING THE RECEIPT OF THE 3A APPLICATION.

Exhibit P5(B) A TRUE COPY OF THE CHALLAN NO.163 DATED 23.5.2016 SHOWING THE REMITTANCE OF THE FEES Exhibit P5(C) A TRUE COPY OF THE CHALLAN NO.167 DATED 23.5.2016 SHOWING THE REMITTANCE OF THE FEES Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 14.7.2020 BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6(A) A TRUE COPY OF THE LETTER DATED 04.10.2021. Exhibit P7 A TRUE COPY OF THE REPORT DATED 22.9.2020 FILED BY THE VILLAGE OFFICER BEFORE THE 3RD RESPONDENT Exhibit P8 A TRUE COPY OF THE REPORT DATED 22.2.2021 FILED BY THE AGRICULTURAL OFFICER BEFORE THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE CERTIFICATE ISSUED FROM THE DEPARTMENT OF INDUSTRIES AND COMMERCE, LICENSE NO.L.DIS.5426/67 DATED 19.08.67.

Exhibit P10 A TRUE COPY OF THE RELEVANT PAGES OF REGISTERED MORTGAGE DEED NO.2124/1970 OF SRO PARAVUR.

WP(C) NO. 26242 OF 2021

Exhibit P11 A TRUE COPY OF THE BOND CUM RECEIPT DATED

02.O6.1970 EXECUTED BY THE TENANT IN FAVOUR OF THE PETITIONER'S FATHER Exhibit P11(A) A TRUE COPY OF THE BOND CUM RECEIPT DATED 02.06.1970 EXECUTED BY THE TENANT IN FAVOUR OF THE PETITIONER'S FATHER Exhibit P11(B) A TRUE COPY OF THE BOND CUM RECEIPT DATED 02.06.1970 EXECUTED BY THE TENANT IN FAVOUR OF THE PETITIONER'S FATHER Exhibit P11(C) A TRUE COPY OF THE BOND CUM RECEIPT DATED 02.06.1970 EXECUTED BY THE TENANT IN FAVOUR OF THE PETITIONER'S FATHER Exhibit P11(D) TRUE COPY OF THE BOND CUM RECEIPT DATED 08.03.1970 EXECUTED BY THE TENANT IN FAVOUR OF THE PETITIONER'S FATHER.

RESPONDENTS' EXHIBITS: NIL