Mubarak vs The Revenue Divisional Officer
2022 Latest Caselaw 4310 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. 13144 OF 2022
PETITIONER:

              MUBARAK
              AGED 53 YEARS
              S/O. ABDULLAKUTTY, PERMANENTLY RESIDING AT VAIKATH
              VALAPPIL, KOKKUR, POST KOKKUR, MALAPPURAM DISTRICT,
              KERALA, PIN-679591.

              BY ADVS.
              R.O.MUHAMED SHEMEEM
              NASEEHA BEEGUM P.S.
              SHIFAS ALI K.A


RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER
              THE REGIONAL DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR ROAD,
              TIRUR, MALAPPURAM DISTRICT, KERALA, PIN-676101.

     2        THE VILLAGE OFFICER,
              THE VILLAGE OFFICE, ALAMCODE P.O., NANNAMUKKU, MALAPPURAM
              DISTRICT, PIN-679585.

     3        STATE OF KERALA
              REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
              SECRETARIAT, MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM
              JUNCTION, STATUE PALAYAM, THIRUVANANTHAPURAM, KERALA-
              695001.


OTHER PRESENT:

              SMT.VINITHA B-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. 13144 OF 2022                2




                                JUDGMENT

The petitioner is the owner in possession of 6.88 Ares of land

in Survey No.46/3A-1 of Alamkode Village in Ponnani Taluk of

Malappuram District. It is submitted that the property of the

petitioner is lying as converted 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 Section 27A 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 1st respondent to take up Ext.P4

application, consider and pass orders on the same, after considering

all relevant aspects of the matter and after verifying the data bank

and obtaining all necessary inputs including the report of the

Village Officer. The entire proceedings shall be completed 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 ska

APPENDIX OF WP(C) 13144/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF RELEASE DEED NO.3731/2017 DATED 19.12.2017 OF SUB REGISTRAR OFFICE, EDAPPAL.

Exhibit P2 A TRUE COPY OF EXTRACT OF BTR ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER, ALANKODE UNDER RIGHT TO INFORMATION ACT, 2005.

Exhibit P3 A TRUE COPY OF THE REVENUE TAX RECEIPT DATED 3.12.2021 ISSUED BY THE 2ND RESPONDENT VILLAGE OFFICER, ALAMKODE.

Exhibit P4 A TRUE COPY OF FORM 6 RULE 12(1) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008.

Exhibit P5 A TRUE COPY OF REPORT DATED 28.4.2021 BY THE 2ND RESPONDENT VILLAGE OFFICER, ALAMKODE.

Exhibit P6 A TRUE COPY OF MANORAMA ONLINE REPORT DATED 4.2.2022.

Exhibit P7 A TRUE COPY OF MANORAMA ONLINE REPORT DATED 22.2.2022.