K.P.Abdul Asees vs The Revenue Division Officer
2022 Latest Caselaw 5370 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. 14897 OF 2022
PETITIONER:

            K.P.ABDUL ASEES
            AGED 74 YEARS
            S/O. ABDU, CHAIRMAN, ASSABAH ASSOCIATION TRUST,
            PAVITTAPPPURAM, OTHALUR WEST (PO),
            ALAMKODE VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT,
            KERALA. PIN - 679591. REG. NO: 2199/1984
            BY ADVS.
            R.O.MUHAMED SHEMEEM
            NASEEHA BEEGUM.P.S
RESPONDENTS:

    1       THE REVENUE DIVISION OFFICER
            THE REGIONAL DIVISIONAL OFFICE,
            TIRUR-THRIKANDIYOOR ROAD, TIRUR, MALAPPURAM DISTRICT,
            KERALA. PIN-676101.
    2       THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, ALAMKODE P.O, NANNAMUKKU,
            MALAPPURAM DISTRICT. PIN - 679 585.
    3       STATE OF KERALA,
            REPRESENTED BY PRINCIPAL SECRETARY,
            REVENUE DEPARTMENT, SECRETARIAT, MAHATMA GANDHI ROAD,
            NEAR CENTRAL STADIUM JUNCTION, STATUE PALAYAM,
            THIRUVANANTHAPURAM, KERALA - 695001
            SMT.PRINCY XAVIER, 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. 14897 OF 2022

                                     2




                              JUDGMENT

Dated this the 20th day of May, 2022

The petitioner is the owner in possession of 110 Ares of land in

Survey Nos.91/3A, 109/1, 109/2A, 109/3 and 110/9A of Alamkode

Village, Ponnani Taluk of Malappuram District. The petitioner confines his

relief for an expeditious consideration of Ext.P6 application in Form No.5

under the proviso to Section 5(4) 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 petitioner, the property is a

garden 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 1st respondent to consider Ext.P6 application

(Form No.5), after verifying the nature and extent of the land and 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 WP(C) NO. 14897 OF 2022

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14897 OF 2022

APPENDIX OF WP(C) 14897/2022

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SALE DEED NO. 2282/1999 DATED 10.07.1999 OF EDAPPAL SUB REGISTER OFFICE Exhibit P2 A TRUE COPY OF THE SALE DEED NO. 753/2002 DATED 16.03.2002 OF EDAPPAL SUB REGISTER OFFICE Exhibit P3 A TRUE COPY OF THE SALE DEED NO. 1865/2002 DATED 14.06.2002 OF EDAPPAL SUB REGISTER OFFICE Exhibit P4 A TRUE COPY OF THE SALE DEED NO. 2104/2004 DATED 03.06.2004 OF EDAPPAL SUB REGISTER OFFICE Exhibit P5 A TRUE COPY OF THE EXTRACT OF LAND DETAILS (OTHALOOR DESOM ) COVERING EXT-P1 TO P4 ISSUED BY THE AGRICULTURE OFFICER, KRISHI BHAVAN, ALAMKODE UNDER RIGHT TO INFORMATION ACT, 2005 TO THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 18.12.2021 IN FORM 5 RULE 4(D) OF THE KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 SUBMITTED TO THE 1ST RESPONDENT. Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 21.12.2021 ISSUED TO THE 2ND RESPONDENT BY THE 1ST RESPONDENT Exhibit P8 A TRUE COPY OF REPORT NO. 4282/2021 OF THE 2ND RESPONDENT, AGRICULTURAL OFFICER, ALAMKODE OBTAINED AS PER THE RIGHT TO INFORMATION ACT, 2005 RESPONDENTS' EXHIBITS: NIL