Abdul Nazar vs The Revenue Divisional Officer
2022 Latest Caselaw 5348 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        WP(C) NO. 15008 OF 2022
PETITIONER:

    1       ABDUL NAZAR
            AGED 48 YEARS
            S/O. ABDULLAKUTTY, GENERAL SECRETARY, GALAXY
            EDUCATIONAL CHARITABLE TRUST, KOLIKKARA, OTHALOOR (PO),
            MALAPPURAM DISTRICT, PIN-679591.
            BY ADVS.
            R.O.MUHAMED SHEMEEM
            NASEEHA BEEGUM P.S.
RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER
            THE REGIONAL DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR
            ROAD, TIRUR, MALAPPURAM DISTRICT, KERALA,PIN-676101.
    2       THE VILLAGE OFFICER,
            ALAMKODE VILLAGE OFFICE, ALAMKODE (PO), 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.
            BY ADV.SMT.VINITHA B., SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NO.15008 OF 2022
                                    2




                            JUDGMENT

Dated this the 20th day of May, 2022

The petitioner is the owner in possession of 28.45

Ares of land in Survey No.374/1-1 in Block No.004 of

Alamkode Village in Ponnani Taluk of Malapuram

District. It is submitted that the property of the

petitioner is lying as garden 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.7 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 RDO/1st respondent to take up the

application, consider and pass orders on the same,

after considering all relevant aspects of the matter and WPC NO.15008 OF 2022

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 four months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE SKP/20.05 WPC NO.15008 OF 2022

APPENDIX OF WP(C) 15008/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.

1236/1/2012 DATED 08.03.2012 OF EDAPPAL SUB REGISTER OFFICE.

EXHIBIT P2 A TRUE COPY OF THE EXTRACT OF LAND DETAILS (OTHALOOR DESOM) COVERING EXT-P1 PROPERTY ISSUED BY THE AGRICULTURE OFFICER, KRISHI BHAVAN, ALAMKODE UNDER RIGHT TO INFORMATION ACT, 2005 TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE REVENUE RECEIPT DATED 29/10/2021 ISSUED BY THE VILLAGE OFFICER, ALANKODE.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 09.11.2021 UNDER FORM 7 RULE 12(1) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND RULES, 2008.

EXHIBIT P5 A TRUE COPY OF A COMMUNICATION NO. 3465/21 DATED 09.11.2021 ASKING FOR A REPORT FROM THE 2ND RESPONDENT, VILLAGE OFFICER, ALAMKODE OBTAINED ISSUED UNDER THE RIGHT TO INFORMATION ACT, 2005.

EXHIBIT P6 A TRUE COPY PLAN AND SKETCH TO THE PROPOSED CONSTRUCTION OF SCHOOL BUILDING IN EXT-P1 PROPERTY.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE