Anvar Sadik V.M vs The Revenue Divisional Officer
2021 Latest Caselaw 17936 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. 17569 OF 2021
PETITIONER:

              ANVAR SADIK V.M
              AGED 48 YEARS
              S/O.V.M. MUHAMMED, VADAKKEETTUPALLIYAL HOUSE, MANNUR,
              MANNUR P.O., PALAKKAD DISTRICT, PIN 678 642

              BY ADVS.
              JACOB SEBASTIAN
              K.V.WINSTON



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER,
              PALAKKAD, OFFICE OF THE REVENUE DIVISIONAL OFFICER,
              PALAKKAD DISTRICT, PIN 678 001

     2        THE VILLAGE OFFICER
              MANNUR VILLAGE OFFICE, PALAKKAD DISTRICT, PIN 678 642

     3        THE AGRICULTURAL OFFICER
              FOR THE MANNUR GRAMAPANCHAYAT, PALAKKAD DISTRICT, PIN 678
              642

     4        THE LOCAL LEVEL MONITORING COMMITTEE FOR THE MANNUR
              GRAMAPANCHAYAT
              CONSTITUTED UNDER THE CONSERVATION OF PADDY LAND AND
              WETLAND ACT, 2008, REP.BY ITS CONVENER, THE AGRICULTURAL
              OFFICER, MANNUR GRAMAPANCHAYAT, PALAKKAD DISTRICT, PIN
              678 642

              BY SRI.P.S.APPU, GP


     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. 17569 OF 2021
                                    2

                              JUDGMENT

The petitioner is the owner in possession of 0.2814

hectors of land in resurvey no.109/3 in resurvey block no.8 of

Mannur Village, Palakkad Taluk in Palakkad District. T he

petitioner seeks an expeditious consideration of Exts.P4 and P5

applications in Form Nos.5 and 6 under Sections 5 & 27A of 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 the land for other purposes.

According to the petitioner, the property is a garden land and has

been erroneously included in the data bank

2. Having heard the learned Government Pleader also

and without expressing any view on the merits of the matter , the

writ petition is disposed of directing the first respondent to initially

consider Ext.P4 application (Form No.5), after obtaining and

verifying the relevant materials and reports from the

Agricultural Officer and the Village Officer concerned and to pass

appropriate orders thereon. If orders are passed excluding the

property from the data bank, then Ext.P5 application (Form No.6) WP(C) NO. 17569 OF 2021

shall also be taken up for consideration and orders shall be

rendered on the same. The entire proceedings shall be

completed within a period of four 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. 17569 OF 2021

APPENDIX OF WP(C) 17569/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE POSSESSION CERTIFICATE NO.57041713 DATED 24.7.2021 ISSUED BY THE SECOND RESPONDENT

Exhibit P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE LAND DATA BANK FOR THE MANNUR GRAMAPANCHAYAT ISSUED BY THE THIRD RESPONDENT DATED 24.3.2012.

Exhibit P3 A TRUE COPY OF THE LETTER DATED 9.8.2021 ISSUED BY THE SECRETARY, MANNUR GRAMAPANCHAYAT.

Exhibit P4 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 5) DATED 26.7.2021 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 RECEIPT DATED 26.7.2021 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 6) DATED 26.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S 27 A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.