Akbar Ali vs The District Collector
2022 Latest Caselaw 5570 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                         WP(C) NO.17075 OF 2022
PETITIONER :-

             AKBAR ALI, AGED 35 YEARS
             S/O.VEERANKUTTY, CHEMBALTHODIB HOUSE, MORAYUR P. O.,
             MORAYUR, MALAPPURAM - 673 649.

             BY ADVS.
             RENI JAMES
             N.S.REHNA
             BINIYAMIN K.S.


RESPONDENTS :-

     1       THE DISTRICT COLLECTOR
             COLLECTORATE, UP HILL, MALAPPURAM - 676 505.

     2       THE REVENUE DIVISIONAL OFFICER
             PERINTHALMANNA REVENUE DIVISIONAL OFFICE,
             SHORNUR - PERINTHALMANNA ROAD, SHANTI NAGAR,
             PERINTHALMANNA, MALAPPURAM - 679 322.

     3       THE TAHSILDAR
             KONDOTTY TALUK OFFICE, SH 28, KONDOTTY,
             MALAPPURAM - 673 638.

     4       THE VILLAGE OFFICER
             MORAYUR VILLAGE OFFICE, VALANCHERY, MORAYUR P. O.,
             MALAPPURAM - 673 642.

     5       THE AGRICULTURAL OFFICER
             MORAYUR KRISHI BHAVAN, MORAYUR,
             MALAPPURAM - 673 642.

             BY SMT.PRINCY XAVIER, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.05.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.17075 OF 2022

                                  -: 2 :-


                               JUDGMENT

Dated this the 26th day of May, 2022

The petitioner is the owner in possession of 4.6 Ares of land

in Survey No.308/5-3-1 of Morayur Village in Kondotty Taluk of

Malappuram District. The petitioner confines his relief for an

expeditious consideration of Ext.P3 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 petitioner, the

property is lying as a garden land and has been erroneously

included in the data bank.

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 2 nd respondent to consider

Ext.P3 application (Form No.5), 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.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/28.5.2022 WP(C) NO.17075 OF 2022

APPENDIX OF WP(C) 17075/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 20.04.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE DRAFT DATA BANK.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 5 BEFORE THE 2ND RESPONDENT DATED 31.03.2022.

Exhibit P4 THE PROOF EVIDENCING THE RECEIPT OF THE APPLICATION DATED 12.04.2022.