Muneer Karungadan vs The District Collector
2021 Latest Caselaw 18169 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 17259 OF 2021
PETITIONER:

          MUNEER KARUNGADAN,
          AGED 33 YEARS
          S/O. AHAMMED, KUYILUMKUNNU HOUSE, MONGAM P.O., PIN-
          673642.

          BY ADVS.
          P.R.MADHUSUDANAN
          HASEENA KUNJOONJU



RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          CIVIL STATION, UPHILL, MALAPPURAM-676505.

    2     THE REVENUE DIVISIONAL OFFICER,
          THRIKKARIYOOR ROAD, TIRUR-676101.


OTHER PRESENT:

          SRI.P.S.APPU-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17259 OF 2021

                                     2




                               JUDGMENT

This writ petition is filed seeking a direction from the 2 nd

respondent to consider and pass orders on the application

preferred by the petitioner for deletion of the property owned by

the petitioner from the Data Bank. It is submitted that the

petitioner is the owner in possession of 5.67 Ares of land in

Sy.No.450/7-3 of Morayoor Village in Kondotty Taluk of

Malappuram District. The petitioner contends that though the

properties shown in the revenue records as paddy land, the

property has been lying as dry land for decades and it was not a

paddy land as on the date when the Kerala Conservation of Paddy

Land and Wetland Act, 2008, came into force. It is submitted that

seeking the use of the property for other purposes, the petitioner

had approached the 2nd respondent with an application under

Clause 6(2) of the Kerala Land Utilisation Order and reports had

been generated on the same. The petitioner has produced Ext.P4

to show that the application submitted by the petitioner had been

taken note of and reports had been submitted by the Village

Officer.

WP(C) NO. 17259 OF 2021

2. The learned Government Pleader submits that perusal

of Ext.P4 would show that what has been submitted by the

petitioner was an application in Form 6 in terms of Section 27A of

the Kerala Conservation of Paddy Land and Wetland Act, 2008. It

is submitted that the enquiry report of the Village Officer also

refers to Form 6 application preferred by the petitioner.

3. The learned counsel for the petitioner submits that the

application is liable to be considered in accordance with law.

Having heard the both sides, without expressing any view

on the merits of the matter, there will be a direction to the 2nd

respondent to take up the application preferred by the petitioner

on which Ext.P4 report has been generated and to pass orders on

the same 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 VPK WP(C) NO. 17259 OF 2021

APPENDIX OF WP(C) 17259/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TITLE DEED NO.1199/2017 OF SRO KONDOTTY DATED 14/08/2017.

Exhibit P1(A) TRUE COPY OF THE TAX RECEIPT DATED 20/07/2019.

Exhibit P2 TRUE COPY OF THE PLAN FOR THE PROPOSED RESIDENTIAL BUILDING.

Exhibit P3 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER TO VILLAGE OFFICER MORAYOOR ON 2020 NOVEMBER.

Exhibit P3(A) TRUE COPY OF THE DATA BANK.

Exhibit P4 THE COPY OF REPORT SUBMITTED BY THE VILLAGE OFFICER TO THE SECOND RESPONDENT DATED 03/05/2021.