Muhammed vs The Revenue Divisional Officer
2021 Latest Caselaw 20501 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 20756 OF 2021
PETITIONER:

            MUHAMMED
            AGED 67 YEARS
            S/O. MOITHEEN CHANGARAMCHOLA, CHANGARAMCHOLA HOUSE,
            CHERUSSOLA P.O., TIRURANGADI, MALAPPURAM DISTRICT.

            BY ADV U.K.DEVIDAS


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            TIRUR, MALAPPURAM DISTRICT-676101.

    2       DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION, MALAPPURAM-676504.

            SMT.SURYA BINOY B, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20756 OF 2021

                                       2




                                JUDGMENT

This writ petition is filed seeking directions to the 1 st respondent to

consider Ext.P3 application submitted by the petitioner in Form 6 under

Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act,

2008 (for short 'the Act'). It is submitted that the petitioner is the

exclusive owner of 17 Ares of property in Survey Nos.197/6 and 197/4 of

Edarikkode Village in Tirurangadi Taluk. The petitioner had submitted

Ext.P3 application for use of the land for other purposes under Section

27A of the Act on 21.10.2020. It is submitted that in the meanwhile, 7.25

Ares of land along with the residential house of the petitioner had been

acquired for the widening of the National Highway as is evident from

Ext.P1. It is submitted that the disposal of Ext.P3 application in a time

bound manner is absolutely essential for the construction of a residential

house in the remaining property. The petitioner therefore submitted

Exts.P4 and P4(a) representations before the respondents and seeks a

consideration of Ext.P3 application expeditiously.

2. Having considered the contentions advanced and in view of the

facts stated in the writ petition, there will be a direction to the 1 st WP(C) NO. 20756 OF 2021

respondent to take up Ext.P3 application preferred by the petitioner and

to consider and pass orders on the same, taking note of Ext.P1 notice and

Ext.P4 representation submitted by the petitioner. Due reports shall also

be obtained from the Village Officer before passing orders. Orders shall

be passed within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 20756 OF 2021

APPENDIX OF WP(C) 20756/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTICE DATED 15.7.2021 ISSUED BY THE DEPUTY COLLECTOR, MALAPPURAM.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 21.10.2020 IN FORM 6 UNDER THE KERALA CONSERVATION OF PADDYLAND AND WET LAND ACT, 2008.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 14.9.2021 BEFORE THE FIRST RESPONDENT.

Exhibit P4(a) TRUE COPY OF THE REPRESENTATION DATED 15.9.2021 BEFORE THE SECOND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL