Yunusalim vs The District Collector
2023 Latest Caselaw 3849 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                          WP(C) NO. 8625 OF 2023
PETITIONERS:

     1        YUNUSALIM
              AGED 50 YEARS
              S/O. AHAMMEDKUTTY, AMAN HOUSE, CHATHAMPARAMBIL,
              POYILTHODI, FEROKE P.O., KOZHIKODE, PIN - 673631

     2        NAUSHABA NASSIN
              AGED 46 YEARS
              W/O. YUNUSALIM, AMAN HOUSE, CHATHAMPARAMBIL, POYILTHODI,
              FEROKE P.O., KOZHIKODE, PIN - 673631

              BY ADVS.
              ARYA UNNIKRISHNAN
              SHAKTHI PRAKASH


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              CIVIL STATION, WAYANAD ROAD, ERANHIPPALAM,
              KOZHIKODE, PIN - 673020

     2        THE REVENUE DIVISIONAL OFFICER
              KOZHIKODE REVENUE DIVISIONAL OFFICE, CIVIL STATION,
              WAYANAD ROAD, ERANHIPPALAM, KOZHIKODE, PIN - 673020

     3        THE TAHSILDAR
              KOZHIKODE TALUK OFFICE, CIVIL STATION, WAYANAD ROAD,
              ERANHIPPALAM, KOZHIKODE, PIN - 673020

     4        THE VILLAGE OFFICER
              FEROKE VILLAGE OFFICE, FEROKE, KOZHIKODE, PIN - 673631

              SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8625 OF 2023                 2




                                 JUDGMENT

Dated this the 30th day of March, 2023

The petitioners are the owners in possession of 8.90 Ares of land

in Survey No. 406/9 in Block No.1 of Feroke Village in Kozhikode

Taluk of Kozhikode 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.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 2 nd respondent to take up Ext.P3

application, consider and pass orders on the same, 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 a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 8625/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25-08-2021

Exhibit P2 TRUE COPY OF THE ORDER DATED 01.09.2022 ISSUED BY THE SUB COLLECTOR, KOZHIKODE

Exhibit P3 TRUE COPY OF THE FORM 6 APPLICATION DATED 18.01.2023 ALONG WITH SURVEY SKETCH

Exhibit P4 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF STATUTORY FEE DATED 20.01.2023