Hussain Puzhakkalakath vs State Of Kerala
2023 Latest Caselaw 1748 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                   WP(C) NO. 29941 OF 2022
PETITIONER


HUSSAIN PUZHAKKALAKATH, S/O SAIDALI HAJI, RESIDING AT
PUZHAKKALAKATH HOUSE, KADALUNDINAGARAM PO, VALLIKKUNNU,
TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN-673314

BY ADV P.T.SHEEJISH


RESPONDENTS
1.   STATE OF KERALA, REP. BY SECRETARY, SECRETARIAT,
DEPARTMENT OF AGRICULTURE, THIRUVANANTHAPURAM DISTRICT,
PIN-695001
2.   THE DISTRICT COLLECTOR, COLLECTORATE, UP HILL
MALAPPURAM, MALAPPURAM DISTRICT, PIN-676504
3.   THE REVENUE DIVISIONAL OFFICER, CIVIL STATION
BUILDING, CIVIL STATION, TIRUR, MALAPPURAM DISTRICT-676101
4.   THAHSILDAR, TALUK OFFICE, TIRURANGADI, MALAPPURAM
DISTRICT-676306
5.   TALUK SURVEYOR, TALUK OFFICE, TIRURANGADI, MALAPPURAM
DISTRICT-676 306
6.   THE VILLAGE OFFICER, VALLIKKUNNU VILLAGE OFFICE,
MALAPPURAM DISTRICT, KERALA-673314
7.   AGRICULTURAL OFFICER, CONVENOR OF LOCAL LEVEL
MONITORING COMMITTEE, VALLIKUNNU GRAMA PANCHAYATH, KRISHI
BHAVAN, VALLIKKUNNU PO, VALLIKKUNNU, MALAPPURAM DISTRICT-
673314


OTHER PRESENT:

         SRI.APPU.P.S-GP
 WPC.29941/2022
                                      2



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.29941/2022
                                       3


                             ANU SIVARAMAN, J.
                              --------------------
                           W.P.(C).29941 of 2022
                            -----------------------
                          Dated : 1st February, 2023

                                 JUDGMENT

The petitioner is the owner in possession of a total extent of

3.74 Ares of property comprised in R.Sy.No.58/5-2 & 58/9-2 of

Vallikkunnu village in Malappuram district. It is submitted 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. It is submitted by the petitioner that an online application

has been submitted by the petitioner on 30.9.2022. The petitioner

confines his relief for an expeditious consideration of his

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.

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 3rd respondent to take up the

application submitted by the petitioner through online, consider

and pass orders on the same, after considering all relevant WPC.29941/2022

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 a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN Judge

Mrcs WPC.29941/2022

APPENDIX OF WP(C) 29941/2022

PETITIONER EXHIBITS Exhibit P3(b) THE TRUE COPY OF THE FORM 6 APPLICATION RE-SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT