Ashraf Ali vs The Revenue Divisional Officer ...
2023 Latest Caselaw 4583 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                         WP(C) NO. 13219 OF 2023
PETITIONER:

              ASHRAF ALI
              AGED 62 YEARS
              S/O. ABDUL KHADER, PULLANIYIL, WEST KODUMUNDA,
              MUTHUTHALA, KODUMUNDA P.O, PALAKKAD, PIN - 679303

              BY ADV AJMAL P.



RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER OTTAPALAM
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, OTTAPALAM,
              PALAKKAD DISTRICT, PIN - 679101

     2        THE VILLAGE OFFICER
              MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT,
              PIN - 679303

     3        THE AGRICULTURAL OFFICER FOR THE MUTHUTHALA VILLAGE
              FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD
              DISTRICT, PIN - 679303

              SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13219 OF 2023                   2




                                     JUDGMENT

Dated this the 12th day of April, 2023

The petitioner is the owner in possession of 29.18 Ares of land in

Survey No. 43/2 in Block No.27 of Muthuthala Village in Pattambi Taluk

of Palakkad 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.P3 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. It is

submitted that Ext.P2 order has been passed on 11/10/2022 removing

the property from 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/1st respondent to take up the

application, consider and pass orders on the same, after considering all

relevant aspects of the matter 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 a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

                                                    ANU SIVARAMAN
 ska                                                    JUDGE





                          APPENDIX OF WP(C) 13219/2023

PETITIONER EXHIBITS

Exhibit P1                 TRUE COPY OF THE TAX RECEIPT DT.13-06-2022

ISSUED BY THE VILLAGE OFFICER, MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT

Exhibit P2 TRUE COPY OF THE ORDER DT 11-10-2023, ISSUED BY 1ST RESPONDENT REMOVING THE SUBJECT LAND FROM THE LAND DATA BANK FOR THE MUTHUTHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT

Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 27-03-

2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 27 A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 DT 27-03-