Abdul Majeed vs The Village Officer
2022 Latest Caselaw 5363 Ker

WP(C) NO. 16348 OF 2022               1




                 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. 16348 OF 2022
PETITIONERS:

      1      ABDUL MAJEED
             AGED 58 YEARS
             S/O. UNNEENKUTTY, POTHUKKADAN HOUSE, ANGADIPPURAM AMSOM,
             CHERAKKAPARAMBU DESOM, PERINTHALMANNA TALUK, ANGADIPPURAM
             VILLAGE, CHARAKKAAPARMABU P.O., MALAPPURAM DISTRICT,
             PIN - 679321

      2      SARAFFUDDIN .T
             AGED 49 YEARS
             S/O. MAMMU, THANKAYATHIL HOUSE, VADAKKANGARA AMSOM,
             VADAKKANGARA DESOM, PERINTHALMANNA TALUK, ANGADIPPURAM
             VILLAGE, VADAKKANGARA P.O., MALAPPURAM DISTRICT,
             PIN - 679324

             BY ADV BIJU ABRAHAM


RESPONDENTS:
     1     THE VILLAGE OFFICER
           OFFICE OF THE VILLAGE OFFICE, VANIYAMKULAM, OTTAPPALAM
           TALUK, PALAKKAD DISTRICT , PIN - 679101
      2      THE LOCAL LEVEL MONITORING COMMITTEE
             REPRESENTED BY ITS CONVENER, THE AGRICULTURAL OFFICER,
             KRISHI BHAVAN, VANIYAMKULAM, OTTAPPALAM TALUK, PALAKKAD
             DISTRICT , PIN - 679522
      3      THE REVENUE DIVISIONAL OFFICER
             OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679101
             VINITHA B-SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16348 OF 2022                2




                               JUDGMENT

The petitioners are the owners in possession of

33.60 Ares of land in Survey No.84/8-2 of Vaniyamkulam

Village in Ottappalam Taluk of Palakkad District. The

petitioners confines their relief for an expeditious

consideration of Ext.P5 application in Form No.5 under the

provisions of the Kerala Conservation of Paddy land and

Wetland Act, 2008, seeking deletion of entry relating to the

subject property from the data bank. According to the

petitioners, the property is lying as developed 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

RDO/3rd respondent to consider Ext.P5 application (Form

No.5), after verifying the nature and extent of the property,

after obtaining all necessary inputs including the report of

the Agricultural Officer and to pass appropriate orders

thereon. The entire proceedings shall be completed within a

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

this judgment. The petitioners shall produce the copy of

this judgment along with the copy of the writ petition before

the 3rd respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 16348/2022

PETITIONER EXHIBITS

ExhibitP1 A TRUE COPY OF THE TITLE DEED IN FAVOUR OF THE PETITIONERS DATED 31-03-2022 HAVING NO. 1093/2022 OF S.R.O OTTAPPALAM

ExhibitP2 A TRUE COPY OF THE REPORT OF THE 1ST RESPONDENT DATED 02-01-2009

ExhibitP3 A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK REPORT UNDERSIGNED BY THE AGRICULTURAL OFFICER VANIYAMKULAM DATED 05-02-2022

ExhibitP4 A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONERS

ExhibitP5 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT