Abdul Sathar vs The Revenue Divisional Officer
2021 Latest Caselaw 17918 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                          WP(C) NO. 17547 OF 2021
PETITIONER:
              ABDUL SATHAR,
              AGED 30 YEARS
              S/O.SAIDALAVI, ALUNGAL HOUSE, KUTHUKALLUPARAMBU,
              CHENAKKAL, ANANTHAVOOR P.O., TIRUR TALUK, MALAPPURAM
              DISTRICT, PIN-676 301, REPRESNETED BY ITS POWER OF
              ATTORNEY HOLDER, SHAMNA.K.P., AGED 19 YEARS, W/O.ABDUL
              SATHAR, ALUNGAL HOUSE, KUTHUKALLUPARAMBU, CHENAKKAL,
              ANANTHAVOOOR P.O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN-
              676 301.

              BY ADVS.
              JACOB SEBASTIAN
              K.V.WINSTON


RESPONDENTS:
     1     THE REVENUE DIVISIONAL OFFICER,
           TIRUR, OFFICE OF THE REVENUE DIVISIONAL OFFICER TIRUR,
           MALAPPURAM DISTRICT, PIN-676 301.
     2        THE AGRICULTURAL OFFICER FOR THE TIRUNAVAYA PANCHAYAT,
              PANCHAYAT OFFICE P.O., TIRUNAVAYA, MALAPPURAM DISTRICT,
              PIN-676 258.
     3        THE LOCAL LEVEL MONITORING COMMITTEE FOR THE TIRUNAVAYA
              PANCHAYAT
              CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND
              WETLAND ACT, 2008, REPRESENTED BY ITS CONVENER, THE
              AGRICULTURAL OFFICER, TIRUNAVYAA PANCHAYAT, MALAPPURAM
              DISTRICT, PIN-676 258.
     4        THE VILLAGE OFFICER,
              ANANTHAVOOR VILLAGE, MALAPPURAM DISTRICT, PIN-676 301.


OTHER PRESENT:

              SRI. P.S. APPU-G.P.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17547 OF 2021
                                    2

                              JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) Issue a writ in the nature of mandamus commanding the first respondent to consider and pass appropriate orders on Exhibit P2 application (in form number five) dated 12.08.2021 submitted by the petitioner before the first respondent under section 5(4)

(i) of the Conservation of Paddy Land and Wetland Act,2008 seeking to delete entry of 0.03645 hectors of land out of 0.05265 hectors of land from the Land Data Bank for the Tirunavaya Panchayat, within a time frame to be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is the owner in possession of 0.05265 hectors

of land in Re-survey No.86/5-3, old survey No.86/5-3, Ananthavoor

village, Tirur Taluk in Malappuram District. It is submitted that the

land of the petitioner is not included in the Data Bank. However, it

is mentioned as 'Nilam' in the Revenue records. The learned

counsel for the petitioner submits that the land has been

converted long ago and that the application has therefore been

submitted by the petitioner for effecting change in the Basic Tax WP(C) NO. 17547 OF 2021

Register. Ext.P2 application was submitted on 12.08.2021 and the

petitioner seeks a consideration thereof.

4. Having heard the learned Government Pleader also and

in view of the fact that the petitioner asserts that the property is

not included in the Data Bank, I am of the opinion that the

application preferred by the petitioner is to be considered in

accordance with law by the 1 st respondent after due verifications

and after obtaining reports from the concerned Village Officer.

Appropriate action shall be taken by the 1 st respondent after

verifying the Data Bank and obtaining due reports as directed

above, 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

bng/01.09.2021 WP(C) NO. 17547 OF 2021

APPENDIX OF WP(C) 17547/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.56493534 DATED 28.06.2021 ISSUED BY THE FOURTH RESPONDENT.

Exhibit P2 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 5) DATED 12.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER SECTION 5 (4) (I) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008, ALONG WITH POSTAL ACKNOWLEDGMENT CARD DATED 13.08.2021.