Hamza.P vs The Revenue Divisional Officer, ...
2022 Latest Caselaw 3623 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 7702 OF 2022
PETITIONER:

          HAMZA.P,
          AGED 54 YEARS
          S/O. ABUBECKER, PULIKKAL HOUSE, PERMUDIYOOR P.O,
          MUTHUTHALA, PATTAMBI, PALAKKAD, KERALA 679 303.

          BY ADVS.
          AJMAL P.
          PARVATHY S.R.
          RAFNA RAZAK



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER, OTTAPALAM
          OTTAPALAM, OFFICE OF THE REVENUE DIVISIONAL OFFICER ,
          OTTAPALAM, PALAKKAD DISTRICT, PIN 679 101.

    2     THE VILLAGE OFFICER,
          MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT-
          679 303

    3     THE AGRICULTURAL OFFICER,
          FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD
          DISTRICT-679 303

    4     THE LOCAL LEVEL MONITORING COMMITTEE,
          FOR THE KANNADI PANCHAYAT CONSTITUTED UNDER THE
          CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008
          REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,
          MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT
          679 303.

          BY SMT.VINITHA B., SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.7702 OF 2022

                                   2




                              JUDGMENT

Dated this the 24th day of March, 2022

Petitioner is the owner in possession of 1.21

Ares of land in Survey No.472/11-3 of Muthuthala Village

in Pattambi Taluk of Palakkad District. Petitioner confines

his relief for an expeditious consideration of Exts.P3 and

P4 applications in Form No.5 and 6 respectively under 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 land

for other purposes. According to the petitioner, the

property is a converted 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, this writ petition is disposed of directing the 1 st

respondent to initially consider Exts.P3 application (Form

No.5), after obtaining and verifying the relevant materials

and reports from the Agricultural Officer. If orders are WP(C) NO.7702 OF 2022

passed excluding the property from the data bank, then,

Exhibits P4 application (Form No.6) shall also be taken up for

consideration and appropriate orders shall be passed

thereon. Entire proceedings shall be completed within a

period of four months from the date of receipt of a copy of

this judgment. The RDO shall consider all relevant matters

and shall obtain reports from the concerned Village Officer

as well.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/03 WP(C) NO.7702 OF 2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE POSSESION CERTIFICATE DT.

11.02.2021 ISSUED BY THE VILLAGE OFFICER, MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.

Exhibit P2 TRUE PHOTOGRAPH OF THE PLOT ALONG WITH THE ADJACENT BUILDING.

Exhibit P3 A TRUE COPY OF THE APPLICATION DT. 29.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S. 5(4) (I) OF THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008, SEEKING TO REMOVE THE PROPERTY FROM THE LAND DATA BANK FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.

Exhibit P4 A TRUE COPY OF THE APPLICATION DT. 17.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S. 27(A) OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.

Exhibit P5 TRUE COPY OF THE TREASURY CHALLAN WITH RECEIPT NO. KL023779263202122M.

Exhibit P6 TRUE COPY OF POSTAL ACKNOWLEDGMENT.

Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE SUB COLLECTOR, OTTAPALAM.

RESPONDENT'S/S EXHIBITS: NIL