Abdul Asees vs The District Collector
2022 Latest Caselaw 5729 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 17172 OF 2022
PETITIONER:

           ABDUL ASEES,
           AGED 49 YEARS,S/O. KUNJIMOIDEEN, CHEMBAN HOUSE,
           VENGARA, KANNATTIPADI P.O., MALAPPURAM - 676304.

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


RESPONDENTS:

    1      THE DISTRICT COLLECTOR,
           COLLECTORATE, UP HILL, MALAPPURAM - 676505.
    2      THE REVENUE DIVISIONAL OFFICER,
           PERINTHALMANNA REVENUE DIVISIONAL OFFICE, SHANTI NAGAR,
           PERINTHALMANNA, MALAPPURAM - 679322.
    3      THE TAHSILDAR,
           ERNAD TALUK OFFICE, THALUK OFFICE ROAD, VAYAPPARAPADI,
           VELLARANGAL, MANJERI, MALAPPURAM - 676517.
    4      THE VILLAGE OFFICER,
           MALAPPURAM VILLAGE OFFICE, DOWN HILL, MALAPPURAM -
           676519.
    5      THE AGRICULTURAL OFFICER,
           MALAPPURAM KRISHI BHAVAN, UP HILL, MALAPPURAM - 676505.

           SR.G.P-VINITHA B
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 17172/2022                 2


                             JUDGMENT

The petitioner is the absolute owner in possession of an extent

of 6.40 Ares of land comprised in Sy.No.439/1-10 of Malappuram

Village in Ernad Taluk. The learned counsel for the petitioner

submits that the property of the petitioner is lying as converted land

and the same is not suitable for paddy cultivation and is not included

in the data bank. When this matter is taken up for consideration, the

petitioner confines his prayer for an expeditious consideration of

Ext.P2 application in Form No.6 under Section 27A of the Kerala

Conservation of Paddy land and Wetland Act, 2008, seeking

permission for use of land for other purposes.

Having heard the learned Government Pleader and without

expressing any opinion on the merits of the matter, this writ petition is

disposed of directing the second respondent to consider and pass

orders on Ext.P2 application after considering all relevant aspects of

the matter and 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 three months

from the date of receipt of copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX OF WP(C) 17172/2022

PETITIONER's EXHIBITS:

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 23.02.2022.

Exhibit P2 TRUE COPY OF THE EXTRACT OF THE PUBLISHED DATA BANK OF MALAPPURAM MUNICIPALITY.

Exhibit P3 TRUE COPY OF THE APPLICATION UNDER FORM 6 BEFORE THE 2ND RESPONDENT DATED 05.04.2022 THROUGH ONLINE.

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 06.04.2022.

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