Abdul Samad vs State Of Kerala
2021 Latest Caselaw 19598 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        WP(C) NO. 19453 OF 2021
PETITIONER:

          ABDUL SAMAD
          AGED 37 YEARS
          S/O.MOIDU, PANDARAVALAPPIL HOUSE, EDAYOOR AMSOM DESOM,
          TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 652.

          BY ADVS.
          J.R.PREM NAVAZ
          SUMEEN S.
          O.MOHAMED BASIL KOYA THANGAL
          K.B.MOHANAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, GOVERNMENT
          SECRETARIAT, STATUE,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

    2     REVENUE DIVISION OFFICER/SUB COLLECTOR
          REVENUE DIVISIONAL OFFICE AT TIRUR-THRIKANDIYOOR RD.,
          TIRUR TALUK, MALAPPURAM DISTRICT, PIN- 676 101.

    3     THE VILLAGE OFFICER
          EDAYOOR VILLAGE OFFICE, TIRUR TALUK, MALAPPURAM
          DISTRICT, PIN - 676 552.



          SRI. P.S.APPU-G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19453 OF 2021

                                        2


                                 JUDGMENT

This writ petition is filed seeking the following relief:

"issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to consider and pass orders on Ext.P1 application submitted under sub- section (1) of Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 within a time limit to be specified by this 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 48 cents of property in Survey

No.135/4 Edayoor Village, Tirur Taluk, Malappuram District. It is

submitted that the property is shown as land converted prior to the

commencement of the Paddy Land Act in the data bank. It is submitted

that the petitioner has, therefore, preferred Ext.P1 application before

the RDO in Form No.6 which has been verified and forwarded by the

Village Officer. It is submitted that the application is liable to be

considered in accordance with law.

WP(C) NO. 19453 OF 2021

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 which has been forwarded by the Village

Officer on 10.03.2021 and to consider and pass orders on the same, after

obtaining all due reports from the 3rd respondent including as to the

nature of the property as recorded in the data bank. Steps shall be taken

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 SVP WP(C) NO. 19453 OF 2021

APPENDIX OF WP(C) 19453/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE FORM 6 APPLICATION FILED BY THE PETITIONER BEFORE 2ND RESPONDENT.