Kunhi Moideen M.P vs The Revenue Divisional Officer
2021 Latest Caselaw 23431 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                        WP(C) NO. 23542 OF 2021
PETITIONER:

          KUNHI MOIDEEN M.P,
          AGED 55 YEARS
          S/O. KUNHEEDUTTY, MOOTTA PARAMBAN HOUSE, APLA,
          THENNALA, MALAPPURAM DISTRICT.

          BY ADV C.M.MOHAMMED IQUABAL



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER,
          TIRUR, REVENUE DIVISIONAL OFFICE, TIRUR P.O, MALAPPURAM
          DISTRICT, PIN 676 101.

    2     THE AGRICULTURAL OFFICER,
          TIRURANGADI AGRICULTURAL OFFICE, TIRURANGADI P.O,
          MALAPPURAM DISTRICT, PIN 676 306.

    3     THE TAHSILDAR,
          TIRURANGADI TALUK OFFICE, TIRURANGAD P.O, MALAPPURAM
          DISTRICT, PIN 676 306.

    4     THE VILLAGE OFFICER,
          TIRURANGADI VILLAGE OFFICE, TIRURANGADI P.O,
          TIRURANGADI P.O, TIRURANGADI TALUK, MALAPPURAM
          DISTRICT, PIN 676 306.

    5     THE LOCAL LEVEL MONITORING COMMITTEE
          TIRURANGADI AGRICULTURAL OFFICE, TIRURANGADI P.O,
          MALAPPURAM DISTRICT, PIN 676 306, REPRESENTED BY ITS
          CONVENER.



          SRI.RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23542 OF 2021

                                   2


                                JUDGMENT

The petitioner is the owner in possession of 25.86 Ares of land in

Survey No.306/1 of Tirurangadi Village in Tirurangadi Taluk of

Malappuram District. The petitioner confines his relief for an

expeditious consideration of Exts.P4 and P3 applications in Form Nos.5

and 7 under the Kerala Conservation of Paddy land and Wetland Act,

2008, seeking deletion of entry relating to the subject property from the

data bank and seeking permission for use of land for other purposes.

According to the petitioner, the property is dry land and has been

erroneously included in the data bank.

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 initially consider Ext.P4

application (Form No.5), after obtaining and verifying the relevant

materials and reports from the Agricultural Officer and to pass

appropriate orders thereon within a period of three months from the

date of receipt of a copy of this judgment. If orders are passed

excluding the property from the data bank, then, Ext.P3 application

(Form No.7) shall also be taken up for consideration and appropriate WP(C) NO. 23542 OF 2021

orders shall be passed thereon within a period of three months

thereafter. The RDO shall consider all relevant matters and shall obtain

reports from the concerned Village Officer as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 23542 OF 2021

APPENDIX OF WP(C) 23542/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT IN THE NAME OF THE PETITIONER AND HIS BROTHER HAMZA DATED 26.10.2021.

Exhibit P2 THE TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY COVERED BY EXT. P1 DOCUMENT.

Exhibit P3 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1.10.2021.

Exhibit P4 THE TRUE COPY OF THE APPLICATION UNDER FROM 5 DATED 6.11.2021

Exhibit P5 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 19.11.2021