Abdul Razak P A vs The Revenue Divisional Officer ...
2022 Latest Caselaw 4131 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                    WP(C) NO.12985 OF 2022
PETITIONER :-

          ABDUL RAZAK P A, AGED 50 YEARS
          S/O. ALI, PANIKKAVEETTIL HOUSE, ATHANI P.O,
          MINALOOR VILLAGE, THRISSUR DT. 680 581.

          BY ADV SHOBY K.FRANCIS


RESPONDENTS :-

    1     THE REVENUE DIVISIONAL OFFICER (RDO)
          OFFICE OF THE RDO, AYYANTHOLE P.O, COLLECTORATE,
          THRISSUR - 680 003.

    2     TAHSILDAR/ADDL. TAHSILDAR (LAND RECORDS),
          THALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERY P.O,
          THRISSUR DT., PIN - 680 582.

    3     VILLAGE OFFICER,
          MINALOOR VILLAGE OFFICE, MINALUR P.O,
          THRISSUR DT., PIN - 680 581.

    4     LOCAL LEVEL MONITORING COMMITTEE OF WADAKKANCHERY
          MUNICIPALITY, REPRESENTED BY ITS
          CONVENER/AGRICULTURAL OFFICER, KISHI BHAVAN,
          MUNDATHICODE P.O, THRISSUR, PIN CODE - 680 601.

    5     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, MUNDATHICODE P.O,
          THRISSUR, PIN CODE - 680 601.

    6     STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVT.
          REVENUE DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

          BY SMT.PRINCY XAVIER, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.12985 OF 2022

                               -: 2 :-


                           JUDGMENT

Dated this the 7th day of April, 2022

The petitioner is the owner in possession of 3.4 Ares of

land in Survey No.167/2-1 of Minaloor Village in Thalappilly

Taluk of Thrissur District. It is submitted that the property of

the petitioner is a dry land and the same is not suitable for

paddy cultivation and is not included in the data bank. The

petitioner confines his relief for an expeditious consideration

of Ext.P4 application in Form No.6 under the provisions of the

Kerala Conservation of Paddy land and Wetland Act, 2008,

seeking permission for use of land for other purposes.

2. Having heard the learned Government Pleader also

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

this writ petition is disposed of directing the 1 st respondent to

take up the application, consider and pass orders on the same,

after considering all relevant aspects of the matter and after

verifying the data bank and the nature and extent of the

property and obtaining all necessary inputs including the

report of the Village Officer. The entire proceedings shall be WP(C) NO.12985 OF 2022

completed within a period of three months from the date of

receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/12.4.2022 WP(C) NO.12985 OF 2022

APPENDIX OF WP(C) 12985/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF BASIC TAX RECEIPT DATED 26.07.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE FINALIZED DATA BANK DATED 22.10.2020.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.07.2016 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 17.9.2021 IN FORM NO. 6 SUBMITTED FOR THE CHANGE OF THE STATUS OF THE PROPERTY IN THE BTR FOR EXTEND OF 3.4. ARES OF LAND (8.4 CENTS) COMPRISED IN RE- SURVEY NO. 167/2-1 (OLD SURVEY NO. 511 P) OF MUNDATHICODE VILLAGE, IN THALAPPILLY TALUK IN THRISSUR DISTRICT.

Exhibit P5 TRUE CHALAN DATED 2.8.2021.

Exhibit P6 TRUE COPY OF THE RECEIPTS ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.